SECTION 108, 109, 112 CODE OF CIVIL PROCEDURE 1908

What is the Procedure in appeals from appellate decrees and orders? When appeals lie to the Supreme Court? What is Savings? Section 108, 109 and 112 of Code of Civil Procedure 1908

Procedure in appeals from appellate decrees and orders, When appeals lie to the Supreme Court and Savings are defined under Section 108, 109 and 112 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 108 of Code of Civil Procedure 1908 "Procedure in appeals from appellate decrees and orders"

The provisions of this Part relating to appeals from original decree shall, so far as may be, apply to appeals-

(a) from appellate decrees, and

(b) from orders made under this Code or under any special or local law in which a different procedure is not provided.

Section 109 of Code of Civil Procedure 1908 "When appeals lie to the Supreme Court"

Subject to the provisions in Chapter IV of Part V of the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies-

(i) that the case involves a substantial question of law of general importance; and

(ii) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.

Section 112 of Code of Civil Procedure 1908 "Savings"

(1) Nothing contained in this Code shall be deemed-

(a) to affect the powers of the Supreme Court under article 136 or any other provision of the Constitution, or

(b) to interfere with any rules made by the Supreme Court, and for the time being in force, for the presentation of appeals to that Court, or their conduct before that Court.

(2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty jurisdiction or to appeals from orders and decrees of Prize Courts.

Home     About Us     Privacy Policy     Disclaimer     Sitemap