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State of Madhya Pradesh - Section

Section 1 in High Court Rules and Orders In M.P.

1.

The following matters shall ordinarily be heard and disposed of by a Judge sitting alone :-
(a)An appeal from an appellate decree of a District Court.
(b)[ A first or second appeal from an [appealable] [Inserted by Notification No. 5-1 -9-3-37, Part II, dated 27-6-1978.] order under the Code of Civil Procedure [x x x] [Omitted by Notification No. 5-1 -9-3-37, Part II, dated 27-6-1978.].
(c)[ An appeal under Section 173 of the Motor Vehicles Act, 1988 (and any appeal under Section 110-D of Motor Vehicles Act, 1939), for compensation, the value of which does not exceed Rs. 5,00,000/-. [[Substituted by Notification No. 24, dated 19-4-2005 (w.e.f. 2-5- 2005).
Prior to substitution they reads as under:'(c) An appeal under Section 110-D of the Motor Vehicles Act, 1939,forcompensation, the value of [x x x] which does not exceed Rs. 1,00,000.Explanation.-The value of a cross- objection filed in any such appeal shall not be included in the value of the appeal. However, if the value of the cross-objection exceeds [Rs. 1,00,000], the appeal as well as the cross-objection shall both be heard by Division Bench.
(d)An appeal of a civil nature under any Act of the Central or State Legislature or first appeals under the Code of Civil Procedure, the value of [x x x] which does not exceed the sum.ot Rs. 1,00,000 and any application or reference made under such Acts, if such appeals, applications or reference made under such Acts, if such appeals, applications or reference is not otherwise expressly provided for.
Explanation. - The value of a cross-objection filed in any such appeal shall not be included in the value of the appeal.However if the value of the cross-objection exceeds Rs. 1,00,000 the appeal as well as the cross-objection shall both be heard by Division Bench.']]Explanation. - The value of a cross-objection filed in any such appeal shall not be included in the value of the appeal. However, if the value of the cross-objection exceeds Rs. 5,00,000/- the appeal as well as the cross-objection shall both he heard by Division Bench.
(d)An appeal of a Civil nature under any Central or State Act or a first appeal under the Code of Civil Procedure, the value of which does not exceed Rs. 3,00,000/- and any application or reference made under such Acts, if such appeal, application or reference is not otherwise expressly provided for.
Explanation. - The value of a cross-objection filed in any such appeal shall not be included in the value of the appeal. However, if the value of the cross-objection exceeds Rs. 3,00,000/- the appeal as well as cross-objection shall both be heard by Division Bench.]
(e)an appeal from an order under the Guardian and Wards Act, appointing or declaring a person not be the guardian of the person of the minor and an appeal from an order under the Guardian and Wards Act appointing or declaring a person to be guardian of the property, or of the person and property of a minor.
(f)An appeal relating to costs only.
(g)An application under Section 22 or 23 of Code of Civil Procedure for an order determining in which or several Courts having jurisdiction a suit shall be heard, and an application for an order for transfer of a case from one subordinate Court to another.
(h)An application under Order I, Rule 8,10 or 11 read with Section 107 of the Code of Civil Procedure.
(i)An application for an order under Order XXII, Order XXXII, Order XXXIX, Order XL, or Order XLI, Rule 5,6 or 10 of the Code of Civil Procedure :
Provided that such an application made under Order XLI, Rule 5 (2) in respect of proceedings before a Full Bench or Division Bench shall lie to such Bench and not to a Judge sitting alone.
(j)An application under Order XLIV, Rule 1 of the Code of Civil Procedure for permission to appeal in forma pauperis in a case in which the appeal would be within the jurisdiction of a Judge sitting alone.
(k)An application under Order XLV of the Code of Civil Procedure other than application for a certificate under Order XLV, Rule 2 in a case disposed of by a Division Bench.
(l)[ An application for revision under the Code of Civil Procedure or under any Central or State Act [other than a revision under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983.] [Endt. No. 10192/1121-8/34-F. No. 1, dated 30-11-1965 of Jabalpur Registry]
(II)[* * *] [Omitted by Notification No. 14/M4-I/38, dated 13-6-1986.]
(m)any other application which is made in any matter within the jurisdiction of a Judge sitting alone and which is not otherwise expressly provided for.
(n)A reference under Order XLVI of the Code of Civil Procedure,
(o)A suit coming before the Court in the exercise of its extraordinary original civil jurisdiction.
(p)A proceeding of a civil nature under an Act of the Central or Provincial Legislature, coming before the Court in the exercise of its original jurisdiction e.g. under the Indian Trust Act, Indian Companies Act, the Indian Divorce Act, the Indian Succession Act or the Guardians and Wards Act.
(q)An appeal, petition or reference under the Code of Criminal Procedure, other than,-
(i)an appeal or reference in a case in which a sentence of death or imprisonment for life has been passed;
(ii)an application for bail in a case in which sentence of imprisonment for life has been passed; provided that ordinarily no bail in such a case shall be granted without notice to the State;
(iii)an application for leave filed under sub-section (3) of Section 378 of the Code in respect of offences punishable with sentence of death or imprisonment for life;
(iv)[ an appeal by the Provincial Government under Section 378 of the Code of Criminal Procedure from an order of acquittal in respect of offences punishable with sentence of death or imprisonment for life and triable by Court of Sessions;] [Substituted by Notification No. 9, dated 4-3-1980.]
[(iv-a) A revision filed by a private party under Section 397 of the Code of Criminal Procedure or suo motu revision entertained under Section 401 of the Code of Criminal Procedure against acquittal in respect of offences punishable with sentence of death or imprisonment for life and triable by Court of Sessions;] [Inserted by Notification No. 13-1-14-1-38, dated 26-3-1985.]
(v)a proceeding in which notice has been issued to an accused who has been sentenced to imprisonment for a term of five years or more, to show cause why the sentence should not be enhanced;
(vi)a proceeding in which notice is issued to a convicted person requiring him to show cause why his conviction should not be altered to one of an offence punishable only with that or imprisonment for life;
(vii)an appeal under Section 377, Cr PC, 1973 against an accused who has been sentenced to undergo imprisonment for a period of five years or more;
(viii)appeals from conviction of offences against the State (Chapter VI of the Indian Penal Code), punishable with imprisonment for life.
(r)A proceeding coming before the Court in the exercise of its ordinary or extraordinary original criminal jurisdiction.
(s)[ All petitions under Articles 226 arid 227 of the Constitution of India except:- [Inserted by Notification No. 17, dated 21-2-1994.]
(i)Petitions filed by way of Public Interest Litigation,
(ii)Petitions questioning vires of any statute or any order or rule or regulation made under any statute,
(iii)Tax references under statutes which require such references to be heard by Division Bench and applications for references in such cases.]
(iv)[ A petition for a writ in the nature of Habeas Corpus.] [Inserted by Notification No. 17-A (w.e.f. 1 -3-1995).]
(v)[ Petitions challenging the orders passed by the Central Administrative Tribunal or State Administrative Tribunal.] [Inserted by Notification No. 23, dated 12-12-1997 (w.e.f. 1-1-1998).]