Appeals to the Supreme Court (Section 109 – 112)

Section 109: 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 110: Value of subject-matter [OMITTED].


Section 111: Bar of certain appeals [REPEALED]


Section 111-A: Appeals to Federal Court [REPEALED]


Section 112: 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.


IMPORTANT CASE LAW

1. Meaning of the term ‘Final Order’ laid down in Section 109

Jethanand & Sons v. State of U.P., AIR 1961 SC 794: “An order is final if it amounts to a final decision relating to the rights of the parties in dispute in the civil proceeding. If after the order, the civil proceeding still remains to be tried and the rights in dispute between the parties have to be determined, the order is not a final order within the meaning of Article 133.”


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