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Section 114 CPC - Code of Civil Procedure - Review.

  Section 114 CPC Description Subject as aforesaid, any person considering himself aggrieved- (a) by a decree or Order from which an appeal is allowed by this Code, but from which no appeal has been preferred, (b) by a decree or Order from which no appeal is allowed by this Court, or (c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the Order, and the Court may make such Order thereon as it thinks fit. Comments (i) Subsequent event may be taken into consideration by the Court, while exercising review jurisdiction; Board of Control of Cricket in India v. Netaji Cricket Club, AIR 2005 SC 592. (ii) The review petition was filed well within the time and since to review petition was not being decided by the High Court, the appellant filed the special leave petition against main judgment of High Court. Hence the Supreme Court overruled the contention that earlier special leave petition filed by a...

Section 113 CPC - Code of Civil Procedure - Reference to High Court

 Section 113 CPC Description Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such Order thereon as it thinks fit: 1[Provided that where the Court is satisfied that a case pending before it involve; a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which ii necessary for the disposal of the case, and is of opinion that such Act, Ordinance Regulation or provision is invalid or inoperative, but has not been so declared b; the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefore, and refer the same for the opinion of the High Court. Explanation.-In this section "Regulation" means any Regulation of the Bengal Bombay or Madras Code or Regulation as defined in th...

Section 112 CPC - Code of Civil Procedure - Savings.

 Section 112 CPC Description 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. 1. Subs. by the A.O. 1950, for sub-section (1).

Section 109 CPC - Code of Civil Procedure - When appeals lie to the Supreme Court.

  Section 109 CPC Description 1[ 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.] 1. Subs. by Act 46 of 1973, sec. 2, for section 109 (w.e.f. 29-11-1973).