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PANKAJAKSHI (DEAD) THROUGH LRS. & OTHERS vs. CHANDRIKA & OTHERS

SCR Citation: [2016] 3 S.C.R. 1018
Year/Volume: 2016/ Volume 3
Date of Judgment: 25 February 2016
Petitioner: PANKAJAKSHI (DEAD) THROUGH LRS. & OTHERS
Disposal Nature: Others
Neutral Citation: 2016 INSC 212
Judgment Delivered by: Hon'ble Mr. Justice Kurian Joseph,Hon'ble Mr. Justice R.F. Nariman
Respondent: CHANDRIKA & OTHERS
Case Type: CIVIL APPEAL /201/2005
Order/Judgment: Judgment
1. Headnote

Travancore-Cochin High Court Act, 1125 — s. 23 — Kerala High Court Act, 1958 — s. 9 — Code of Civil Procedure, 1908 — 5. 98(2) — Repealing of Statute — Effect of — Repealing provisions of s. 9 of the 1958 — Effect of, on s. 23 of the 1125 Act — Provision of s. 23, nature vis-a-vis s, 98(2) CPC — Held: s. 23 of the 1125 Act remains unaffected by the repealing provision of s. 9 of the Kerala High Court Act — Section 23 being in the nature of special provision vis-a-vis s. 98(2) CPC, would apply to the Kerala High Court — s. 23 of the Travancore-Cochin High Court Act, alone is to be applied when there is a difference of opinion between two Judges of the Kerala High Court in any appeal, be it civil, criminal, or otherwise, before them — In such appeals before the High Court of Kerala, if there is a difference of opinion between two Judges hearing such appeals in the High Court, there can be no doubt that the subject matter pertains to appeals in the High Court alone and not other courts — Those appeals can deal with civil, criminal, and other matters — Thus, the particular perspective demands the application of a uniform rule to all such appeals, which rule is provided by the special rule contained in s. 23, which in turn displaces the general rule which applies u/s. 98(2) to all Courts and in civil proceedings only — Thus, the High Court’s Act is a special law for the High Court concerned, the Code of Civil Procedure being a general law applicable to all courts — It is difficult to say that the Code of Civil Procedure corresponds to the High Court Act.

2. Case referred
3. Act
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4. Keyword
  • Travancore-Cochin High Court Act
  • Code of Civil Procedure
  • Kerala High Court Act
5. Equivalent citation
    Citation(s) 2016 AIR 1213 = 2016 (6) SCC 157 = 2016 (6) Suppl. SCC 157 = 2016 (2) JT 545 = 2016 (2) Suppl. JT 545 = 2016 (2) SCALE 674