Appeals and Errors in Decrees

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Under what condition can an appeal be made to the Supreme Court from a High Court?

If the High Court refuses to hear the case

If the High Court certifies that the case does not involve any question of law

If the High Court certifies that the case involves a substantial question of law of general importance (correct)

If the High Court is not satisfied with the judgment

What was omitted by the Code of Civil Procedure (Amendment) Act, 1973?

Section 110 of the Code of Civil Procedure (correct)

Section 111 of the Code of Civil Procedure

Section 112 of the Code of Civil Procedure

Section 113 of the Code of Civil Procedure

What is the title of Part VIII of the Code of Civil Procedure?

Jurisdiction

Civil Procedure

Reference, Review and Revision (correct)

Appeal

What is not affected by the provisions of the Code of Civil Procedure?

The powers of the Supreme Court under article 136 Signup and view all the answers

What is excluded from the application of the provisions of the Code of Civil Procedure?

All of the above Signup and view all the answers

What was repealed by the Federal Court Act, 1941?

Section 111A of the Code of Civil Procedure Signup and view all the answers

What is the condition for the High Court to make an order under Section 115?

If the lower court has failed to exercise a jurisdiction so vested Signup and view all the answers

What is the restriction on the High Court's power to vary or reverse an order?

If the order is made in the course of a suit or other proceeding Signup and view all the answers

What is the effect of a revision on a suit or other proceeding?

It does not operate as a stay of suit or other proceeding Signup and view all the answers

What is excluded from the High Court's power to revise under Section 115?

Any decree or order against which an appeal lies to the High Court Signup and view all the answers

What does the Explanation to Section 115 include?

Any order made, or any order deciding an issue in the course of a suit or other proceeding Signup and view all the answers

What is the amendment to Section 115 in the State of Orissa?

The section is substituted with a new section Signup and view all the answers

Under which section can the High Court or District Court vary or reverse an order?

Section 115 Signup and view all the answers

What is the exception to the rule that the High Court or District Court shall not vary or reverse any order?

If the order would have finally disposed of the suit or other proceedings Signup and view all the answers

What is the effect of a revision on a suit or other proceeding before the Court?

It only stays the suit or other proceeding if the High Court or District Court so orders Signup and view all the answers

What does the expression 'any case which has been decided' include?

Any order deciding an issue in the course of a suit or other proceeding Signup and view all the answers

Which state amended section 115 of the Code of Civil Procedure, 1908?

Uttar Pradesh Signup and view all the answers

What is the restriction on the power of the District Court under section 115?

It cannot call for the record of any case arising out of an original suit of the value of twenty thousand rupees or above Signup and view all the answers

What did the Uttar Pradesh Act 14 of 1970 do to section 115 of the Code of Civil Procedure, 1908?

Inserted a new proviso Signup and view all the answers

What is the significance of the Orissa Act 14 of 2010 in relation to section 115 of the Code of Civil Procedure, 1908?

It explained the meaning of 'any case which has been decided' Signup and view all the answers

When can the High Court order the execution of a decree before the costs are ascertained?

When it is necessary for the exercise of its original civil jurisdiction Signup and view all the answers

Who can address the High Court in the exercise of its original civil jurisdiction?

Only advocates, vakils, and attorneys authorized by the court Signup and view all the answers

What provisions do not apply to the High Court in the exercise of its original civil jurisdiction?

Sections 16, 17, and 20 Signup and view all the answers

What is the effect of the rules in the First Schedule?

They have effect as if enacted in the body of this Code Signup and view all the answers

What can the High Court do with the decree in terms of costs?

Order the execution of the decree except as to costs Signup and view all the answers

Who can interfere with the power of the High Court to make rules concerning advocates, vakils, and attorneys?

No one Signup and view all the answers

Under what circumstances can a decree be executed before the amount of costs is ascertained?

When the court considers it necessary for the exercise of its original civil jurisdiction Signup and view all the answers

What is the purpose of ascertaining the amount of costs by taxation?

To execute the decree as to costs Signup and view all the answers

What happens when there is no majority that concurs in a judgment varying or reversing the decree appealed from?

The decree is confirmed Signup and view all the answers

What is the purpose of allowing Judges to state the point of law upon which they differ?

To hear the appeal by one or more of the other Judges Signup and view all the answers

What does Section 99 provide?

That a decree shall not be reversed or modified for error or irregularity not affecting merits or jurisdiction Signup and view all the answers

What is an exception to Section 99?

Non-joinder of a necessary party Signup and view all the answers

What does Section 99A provide?

That an order under Section 47 shall not be reversed or modified unless the decision of the case is prejudicially affected Signup and view all the answers

What is the purpose of Section 100?

To hear appeals from appellate decrees Signup and view all the answers

What happens when a Bench consisting of two or other even number of Judges differs in opinion on a point of law?

The point of law is stated and the appeal is heard by one or more of the other Judges Signup and view all the answers

What is not affected by Section 99?

The provisions of the letters to patent of any High Court Signup and view all the answers

Study Notes

Appeals

Where there is no majority in a judgment varying or reversing a decree, the decree shall be confirmed.
If Judges differ in opinion on a point of law, they may state the point and the appeal shall be heard by one or more other Judges.
The appeal shall be decided according to the opinion of the majority of the Judges who have heard it.

Errors in Decrees

No decree shall be reversed or modified for an error or irregularity not affecting the merits of the case or jurisdiction of the Court.
However, non-joinder of a necessary party is an exception to this rule.

Appeals to Supreme Court

An appeal shall lie to the Supreme Court from a High Court if the High Court certifies that the case involves a substantial question of law of general importance.
The High Court must also certify that the said question needs to be decided by the Supreme Court.

Revision

The High Court may make an order in a case where the lower Court has exercised a jurisdiction not vested in it, failed to exercise a jurisdiction, or acted with material irregularity.
However, the High Court shall not vary or reverse any order made in the course of a suit or other proceeding, except where the order would have finally disposed of the suit or proceeding.

Amendments

The Orissa Act of 2010 substituted section 115 of the Code of Civil Procedure, 1908, to allow revision of orders in the course of a suit or other proceeding.
The Uttar Pradesh Act of 1970 substituted section 115 to allow revision of orders in the course of a suit or other proceeding, except for original suits of the value of twenty thousand rupees or above.

Other Provisions

Nothing in the Code of Civil Procedure shall affect the powers of the Supreme Court under the Constitution or the rules made by the Supreme Court.
The Code does not apply to matters of criminal or admiralty or vice-admiralty jurisdiction or appeals from orders and decrees of Prize Courts.
A revision shall not operate as a stay of suit or other proceeding before the Court, except where the Court stays the suit or proceeding.

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This quiz covers the rules and procedures related to appeals and errors in decrees in a legal context.