Section 48 in Rules of High Court at Calcutta relating to Applications under Article 226 of The Constitution of India
48. [ [[Rule 48 substituted vide Notification No. 8014-G dated 8.12.2000. Earlier rule 48 stood as under:
'48. Appeals from orders in this jurisdiction shall be made in the same manner as appeals from orders in the Original Side and appeals from orders in the Appellate Side according as they arise out of 'Original Side' and 'Appellate Side' applications and all Rules applicable thereto in the Rules of the Original and Appellate Side, respectively, shall apply thereto mutatis mutandis.Provided that unless the Court otherwise directs, No prayer for any interim order shall be entertained unless a copy of an application for such an interim order has been served upon a party, who has lodged a caveat in the Form and manner as may be prescribed, and given an opportunity of being heard.'.]](1)Appeals from orders in this jurisdiction shall be made in the Original Side if the original order is passed in the Original Side and in the Appellate Side if the original order is passed in the Appellate Side by presenting a Memorandum of Appeal drawn up in accordance with the Original Side Rules or the Appellate Side Rules as the case may be together with a certified copy of the order appealed from:Provided, however, leave may be granted by the Appeal Court to present the Memorandum of Appeal without the certified copy of the order, if an application has been made by the appellant for a certified copy of the order, but the certified copy of the order has Not been made available to the appellant by the department.(2)All other Rules applicable to Original Side Appeals and Appellate Side Appeals in terms of the Rules of the Original Side and Appellate Side shall apply mutatis mutandis to the appeals preferred in the Original Side and appeals preferred in the Appellate Side respectively:Provided that unless the Court otherwise directs No prayer for any interim order shall be entertained unless a copy of an application for such an interim order has been served upon a party, who has lodged a caveat in the Form and manner as may be prescribed, and given an opportunity of being heard.]
