Whether Single Bench of high court Can Decide Some Question Of Law And Refer Rest To Division Bench?

Thus, on

scanning of the decisions in Kallara Sukumaran's case

(supra) and Babu Premarajan's case (supra), rendered



after referring to Sections 3 and 4, it is evident that under

Section 3 of the Act a learned Single Judge could only refer

the entire case and he is not empowered to refer only a

question/questions of law involved in any particular case

and also that while referring the case/cases no rights of

parties or any other questions of law involved therein could

be the decided under the order of reference.
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT:

                   MR.JUSTICE C.T.RAVIKUMAR
                                             &
                MR. JUSTICE K.P.JYOTHINDRANATH

     17TH DAY OF NOVEMBER 2015

                            Crl.Rev.Pet.No. 1814 of 2002 
                               
         N.K.RASHEED,
         Vs

       THE FOOD INSPECTOR,
        
     

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Whether Division Bench has supervisory Jurisdiction over Single Bench of High Court?

A careful reading of Article 227 of the Patna High Court 
Constitution of India clearly shows that Article 227 vests, in
the High Courts, the power of superintendence. However, while
Section 107 of the Government of India Act vested, in the High
Courts, the power of superintendence over all the “Courts‟
subject to its appellate jurisdiction, Article 227 of the
Constitution of India has vested, in the High Courts, the power
of superintendence not only over the „Courts’, which are
subject to its territorial jurisdiction, but also over all the
„Tribunals’ in relation to which the High Court exercises
territorial jurisdiction.
 A single Bench of High Court does not fall
within the expressions „courts’ and „tribunals throughout the
territories interrelation to which a High Court exercises its
jurisdiction‟. This apart, Clause (2) of Article 227 of the
Constitution of India empowers a High Court to (a) call for
returns from such courts; (b) make and issue general rules
and prescribe forms for regulating the practice and
proceedings of such courts; and (c) prescribe forms in which
books, entries and accounts shall be kept by the officers of any
such courts.
 Obviously, all the powers, which are given to
the High Court under sub-Clauses (a), (b) and (c) of Clause 2
of Article 227, are in respect of courts and tribunals, which are
subordinate to the territorial jurisdiction of a High Court. A Patna High Court 
single Judge or a single Bench of a High Court is not a court
subordinate to the Division Bench of the High Court and,
therefore, the power of superintendence, which is vested in a
High Court by Article 227, is not exercisable against order or
decision of its own single Bench.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.718 of 2016

ANIL KUMAR SHRIVASTAVA, 
VERSUS
 SHAURYA SUNIL, 
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
AND
HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH

Date: 20-01-2016

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