Section 100A — No further appeal in certain cases
When a Single Judge of a High Court hears and decides an appeal — whether from an original or an appellate decree or order — that is the end of the road inside the High Court. No further appeal lies from the Single Judge’s judgment and decree. And this holds notwithstanding any Letters Patent or other law — the old intra-court Letters Patent Appeal is shut off here.
How to read Section 100A
Overrides everything (notwithstanding)
The bar applies notwithstanding any Letters Patent, any instrument having the force of law, or any other law in force — a strong non-obstante opening that overrides the old charter right.
Trigger: a Single Judge decides an appeal
Where any appeal — from an original or appellate decree or order — is heard and decided by a Single Judge of a High Court.
Effect: no further appeal
No further appeal lies from that Single Judge’s judgment and decree — in particular, no Letters Patent Appeal to a Division Bench.
The bare Act
Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court, no further appeal shall lie from the judgment and decree of such Single Judge.→ Cuts off the intra-court Letters Patent Appeal; any onward challenge is only by special leave to the Supreme Court (Art. 136 / § 109).
1. The present § 100A was substituted for the earlier section 100A by Act 22 of 2002, s. 4 (w.e.f. 1-7-2002).
Why § 100A was reshaped
A § 100A was first inserted in 1976 and recast in 1999 in a narrower form. The 2002 amendment (Act 22 of 2002, w.e.f. 1-7-2002) substituted the present wide version — abolishing the Letters Patent Appeal from a Single Judge’s appellate decision across the board (original or appellate decree or order). The object was to cut a layer of intra-court appeals and reduce delay, leaving the Supreme Court (by special leave) as the only onward forum.
Key terms decoded
No additional appeal of right from the Single Judge’s decision — the High Court has spoken; the matter is closed within it.
The royal charter constituting a chartered High Court, which historically allowed a Letters Patent Appeal (LPA) from a Single Judge to a Division Bench. § 100A overrides it.
A clause that makes § 100A prevail over any conflicting Letters Patent, instrument or law — it operates “in spite of” them.
Any document (besides a statute) that carries legal force — e.g. an order or rule with statutory effect. § 100A overrides these too.
The bar applies whatever the source — the Single Judge may have decided a first appeal, a second appeal, or an appeal from an order; in each case no further appeal lies.
One Judge sitting alone. When such a Judge hears and decides the appeal, § 100A seals it within the High Court.
The Single Judge’s final decision in the appeal — the thing from which no further appeal is allowed.
The intra-court appeal from a Single Judge to a Division Bench of the same High Court — the very route § 100A abolishes in these cases.
The picture — the door closes after a Single Judge
A Single Judge’s appellate decision is final inside the High Court. § 100A bolts the door on the old Letters Patent Appeal to a Division Bench — whatever the Letters Patent might say — leaving only the extraordinary route of special leave to the Supreme Court.
Section 100A, part by part
Connected provisions
Section 100A sits in the second-appeal cross-heading (§§ 100–103). It is the mirror of § 98(3) (which preserved the Letters Patent for benches) — here, for a Single Judge’s appellate decision, the Letters Patent Appeal is cut off. After it, the only onward forum is the Supreme Court by special leave.