AIR 2000 RAJASTHAN 337 ::(2000) 3 WLC (RAJ) 36 ::2000 (2) RajLR 552 ::2000 (3) RajLW 1577

Rajasthan High Court

Hon'ble Judge(s): R. R. Yadav, A. K. Parihar , JJ

(A) Rajasthan High Court Ordinance (15 of 1949) , S.18— Special appeal - Maintainability - Admission of appeal and passing of ad interim stay order by Division Bench - Not a bar for raising question relating to entertainability of said special appeal. Admission of writ petition, or appeal, or passing an ad interim stay order do not fall within the ambit of precedents and such admissions or grant of ad interim orders are subject to the result of final hearing of the writs or appeals as the case may be. In the instant case admission of the instant special appeal and passing of ad interim stay order by the Judges constituting the Division Bench, do not debar the counsel for the respondents, to raise the question relating to entertain-ability of the special appeal.(Para 16 24) (B) Rajasthan High Court Ordinance (15 of 1949) , S.18(1)— Special appeal - Maintainability - Order by single Judge directing thorough investigation by CBI into diversion of Bank funds - Not determining rights and liabilities of parties finally - Not a judgment within meaning of S. 18(1) - Special appeal against - Not maintainable. (Para 26) (C) Constitution of India , Art.226— Powers....