short composition on appeal
Answers
Part 7 of CPC consisting of Sections 96 to 112 as well as Order 41 to 45 CPC deal with appeals.
Out of these Sections 100 to 103 CPC deal with second appeals before High Courts whereas Sections 109 to 112 CPC deal with appeals to the Apex Court.
Similarly, Order 42 deals with second appeals to High Court whereas Order 45 deal with appeals to Supreme Court [Chapter 13 of Civil Rules of Practice: Rules 166 to 171 also deal with appeals].
ADVERTISEMENTS:
Section 109 CPC empowers the Supreme Court to hear appeal from any civil proceeding before a High Court, subject to any limitation prescribed by the constitution, and if the High Court concerned certifies that the case involves a substantial question of general importance or that the High Court considers that the question involved in the case needs to be decided by the Supreme Court.
However, Section 112 CPC saves the power vested in the Supreme Court under Article 136 of the Constitution. Article 136 of the Constitution provides that the Supreme Court may hear any appeal passed by any Court or Tribunal in India if the Supreme Court considers it just and proper.
Thus, irrespective of the savings under Section 112, CPC, the Supreme Court has power to hear an appeal from any order of any Court or Tribunal, whether the order is of civil, criminal, constitutional, administrative, or revenue jurisdiction otherwise.
Order 45 provides rules for laying appeals before Supreme Court.
ADVERTISEMENTS:
Bar of appeals from decrees in suits of the nature cognizable by Small Cause Courts: – The bar of appeal, except on a question of law, has been increased from Rs.3, 000/- to Rs. 10,000/- (the value of the subject matter of the suit) in respect of suits cognizable by Small Cause Courts.
This amendment does not apply to appeals already admitted before the commencement of the amending Acts.
All High Courts are empowered to hear appeals from appellate decrees, known as Second Appeals. Section 102 CPC prohibits Second Appeal from a Small Cause Appeal where the amount involved is less than Rs. 10,000/- This is so since no appeal lies from a small cause suit’s decree, except on a question of law, if the value of the case is less than Rs. 10,000/-.
Hence the Parliament thought it fit not to provide for a Second Appeal on question of law if the subject matter of the list is less than Rs. 25,000/-.
Answer:
Composition of Court of Appeal
Composition of the Court. The Judicature (Appellate Jurisdiction) Act provides that the Judges of the Court of Appeal shall be: a.
Explanation:
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