C.A. No. 009410 / 2017

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When a Division Bench of a High Court sitting in intra-court appeal declines to examine the correctness of a Single Judge's decision on merits and instead dismisses the appeal on the ground of maintainability of the writ petition — a question already decided by the Single Judge — such an approach is legally impermissible. As analysed on casestatus.in, an appellate court must adjudicate the substantive merits of the appeal before it rather than circumventing them through a threshold maintainability finding inconsistent with the court below.