APPEALS TO THE SUPREME COURTCentral

Section 112 of The Code of Civil Procedure, 1908

Savings.

1[(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.

Summary

This section clarifies that nothing in this Code limits the Supreme Court's constitutional powers.
It specifically protects the Supreme Court's powers under Article 136 of the Constitution.
It ensures the Code does not interfere with any rules made by the Supreme Court for handling its own appeals.
The civil rules in this Code do not apply to criminal cases.
It also excludes matters of admiralty (sea-related law) or vice-admiralty jurisdiction.
It does not apply to appeals from orders or decrees of Prize Courts (courts dealing with captured ships).

Practical examples

1Peter wants to ask the Supreme Court for special permission to appeal a case using "Special Leave," even though the High Court didn't give him a certificate. Section 112 of the civil procedure law confirms that this national Code cannot stop the Supreme Court from using its special constitutional power (Article 136) to hear his plea.

2A sailor is involved in a legal fight over a captured ship in a "Prize Court." When he wants to appeal, he discovers that the standard steps in Section 109 or Section 107 of this civil code don't apply, because Section 112 specifically excludes Prize Court matters from these rules.

FAQ

1. Does Section 112 of The Code of Civil Procedure, 1908, affect the Supreme Court's power under Article 136?

No, Section 112 of The Code of Civil Procedure, 1908, explicitly states that nothing in the Code shall be deemed to affect the powers of the Supreme Court under Article 136.

2. Which types of cases are excluded from the appeal rules by Section 112 of The Code of Civil Procedure, 1908?

Section 112 of The Code of Civil Procedure, 1908, excludes criminal matters, admiralty or vice-admiralty jurisdiction, and appeals from Prize Courts.

3. Can Supreme Court rules override this Code according to Section 112?

Section 112 of The Code of Civil Procedure, 1908, states that the Code does not interfere with any rules made by the Supreme Court for the conduct of appeals.

Test yourself

1.Under Section 112 of The Code of Civil Procedure, 1908, the Code does not apply to which of the following?

2.Section 112 of The Code of Civil Procedure, 1908, protects the Supreme Court's powers under which Article of the Constitution?

3.According to Section 112 of The Code of Civil Procedure, 1908, rules for presenting appeals to the Supreme Court are made by:

4.What is a "Prize Court" in the context of Section 112 of The Code of Civil Procedure, 1908?

111APreviousSection 111A [Omitted.].113NextSection 113 Reference to High Court.

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