COURTS OF JUDICATURE ACT 1964

1 PART I PRELIMINARY AND GENERAL PRELIMINARY-1. Citation.

This Act may be cited as the Courts of Judicature Act 1964 .

2 PART I PRELIMINARY AND GENERAL PRELIMINARY-2. (Omitted).

3 PART I PRELIMINARY AND GENERAL PRELIMINARY-3. Interpretation.

In this Act, unless the context otherwise requires:

"action" means a civil proceeding commenced by writ or in such other manner as is prescribed by rules of court, but does not include a criminal proceeding;

"cause" includes any action, suit or other original proceeding between a plaintiff and defendant, and any criminal proceeding;

"Chief Judge" means the Chief Judge of the High Court in Malaya or of the High Court in Sabah and Sarawak, as the case may require;

"Constitution" means the Constitution of Malaysia;

"Court" means the Federal Court, the Court of Appeal or the High Court, as the case may require;

"decision" means judgment, sentence or o
4 PART I PRELIMINARY AND GENERAL PRELIMINARY-4. Provisions to prevent conflict of laws.

In the event of inconsistency or conflict between this Act and any other written law other than the Constitution in force at the commencement of this Act, the provisions of this Act shall prevail.

5 PART I PRELIMINARY AND GENERAL PRELIMINARY-5. (Repealed).

[Repealed by Act A606]

6 GENERAL-6. Seals of Courts.

(1) The Federal Court shall have and use as occasion may require a seal or stamp of such nature and pattern as the Chief Justice may, by notification in the Gazette , prescribe.

(1A) The Court of Appeal shall have and use as occasion may require a seal or stamp of such nature and pattern as the President may, by notification in the Gazette, prescribe.

(2) The High Court shall have and use as occasion may require a seal or stamp of such nature and pattern as the Chief Judge may, by notification in the Gazette , prescribe.

7 GENERAL-7. Process of Courts.

(1) All writs, summonses, warrants, orders, rules, notices and mandatory processes whatsoever, whether civil or criminal, shall be issued and shall be expressed to be issued by the Chief Justice, President or Chief Judge, as the case may be, in the name of the Yang di" Pertuan Agong and shall be signed by the Registrar and sealed or stamped with the seal or stamp of the Court issuing or making the same.

(2) All writs, summonses, warrants, orders, rules, notices and other processes whatsoever, whether civil or criminal, issued or made by or by the authority of the Court respecting any cause or matter within its jurisdiction shall have full force and effect and may be served or executed anywhere within Malaysia.

8 GENERAL-8. Precedence of Judges.

The Judges shall take precedence in the following order:

(a) the Chief Justice;

(b) the President;

[Subs. Act A940]

(ba) the Chief Judge of the High Court in Malaya;

[Ins. Act A940]

(bb) the Chief Judge of the High Court in Sabah and Sarawak;

[Ins. Act A940]

(c) the Judges of the Federal Court according to the priority of their respective appointments as Judges of the Federal Court and where they are appointed on the same date, in such order as may be assigned to them by the Yang di"Pertuan Agong;

(ca) the Judges of the Court of Appeal according to the priority of their respective appointments as Judges of the Court of Appeal, and where they are appointed on the same date, in such order as may be assigned to them by the Yang di"Pertuan Agong; and
9 GENERAL-9. Exercise of powers during incapacity or absence.

(1) Whenever during any period, owing to illness or absence from Malaysia or any other cause, the Chief Justice is unable to exercise the powers or perform the duties of his office (including his functions under the Constitution), or in the event of a vacancy in the office, the powers shall be had and may be exercised and the duties shall be performed"

(a) by the President; or

(b) where the President is absent from Malaysia or unable to act, or in the event of a vacancy in the office, by the Chief Judge of the High Court in Malaya; or

(c) where the President and the Chief Judge of the High Court in Malaya are absent from Malaysia or unable to act, or in the event of a vacancy in the offices, by the Chief Judge of the High Court in Sabah and Sarawak; or

(d) where the President, the Chief Judge of the High Court in Malaya and the High Court in Sabah and Sarawak are absent fr
10 GENERAL-10. Registrars.

(1) Subject to subsection (4), the Chief Registrar, Deputy Registrars, Senior Assistant Registrars and Assistant Registrars of the Federal Court and the Registrars, Deputy Registrars, Senior Assistant Registrars and Assistant Registrars of the Court of Appeal and of the High Courts shall be appointed by the Yang di"Pertuan Agong on the recommendation of the Chief Justice.

[Am. Act A1031]

(2) Subject to any directions that the Chief Justice may issue, the Registrars, Deputy Registrars, Senior Assistant Registrars and Assistant Registrars of the High Court may exercise the powers and perform the duties of the Chief Registrar or Registrar, Deputy Registrars, Senior Assistant Registrars and Assistant Registrars respectively of the Federal Court or the Court of Appeal.

(3) The Chief Registrar, Registrars, Deputy Registrars, Senior Assistant Registrars and Assistant Registrars appointed under this Act shall sub
11 GENERAL-11. Commissioners for Oaths.

(1) Any Registrar and any person appointed by the Chief Justice to be a Commissioner for Oaths (subject to any limitations expressed in his appointment) may do all or any of the following things:

(a) receive acknowledgments of married women in all cases where acknowledgments are required by law to be taken before a public officer;

(b) receive acknowledgments of recognizances of bail and bail"bonds;

(c) administer oaths for:

(i) the justification for bail;

(ii) taking any affidavit or affirmation;

(iii) receiving and taking the answer, plea, demurrer, disclaimer, allegation or examination of any party or parties to any action;

(iv) the examination of any witnesses upon any interrogatories or de bene esse or in chief or on any other occasions;

(v) swearing executors and administrators; and

(vi) swearing persons in any acti
12 GENERAL-12. Sheriffs.

(1) The Registrar of the High Court shall be Sheriff and there shall be such bailiffs, process servers and other subordinate officers as are appointed.

(2) The Sheriff or his officers shall execute all writs, summonses, warrants, orders, rules, notices, commands and other processes of any Court which are given to him by the Court for that purpose, and shall make a return of the same together with the manner of the execution thereof to the Court from which the process issued, and shall receive all such persons as are committed to his custody by the Court.

(3) The Sheriff or his officers in executing any writ of seizure and sale or any other writ of execution or of distress may effect an entry into any building, and for that purpose if necessary may break open any outer or inner door or window of the building or any receptacle therein, using such force as is reasonably necessary to effect an entry.

13 GENERAL-13. Contempt.

The Federal Court, the Court of Appeal and the High Court shall have power to punish any contempt of itself.

14 GENERAL-14. Protection of Judges and other judicial officers.

(1) No Judge or other person acting judicially shall be liable to be sued in any civil court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction, nor shall any order for costs be made against him, provided that he at the time in good faith believed himself to have jurisdiction to do or order the act complained of.

(2) No officer of any court or other person bound to execute the lawful warrants or orders of any Judge or other person acting judicially shall be liable to be sued in any civil court for the execution of any warrant or order which he would be bound to execute if within the jurisdiction of the person issuing the same.

(3) No sheriff, bailiff or other officer of the Court charged with the duty of executing any judgment, order or warrant of distress, or of attaching any property before judgment, shall be liable to be sued in any civil court in
15 GENERAL-15. Courts to be open and public.

(1) The place in which any Court is held for the purpose of trying any cause or matter, civil or criminal, shall be deemed an open and public court to which the public generally may have access:

Provided that the Court shall have power to hear any cause or matter or any part thereof in camera if the Court is satisfied that it is expedient in the interests of justice, public safety, public security or propriety, or for other sufficient reason so to do.

(2) A Court may at any time order that no person shall publish the name, address or photograph of any witness in any cause or matter or any part thereof tried or held or to be tried or held before it, or any evidence or any other thing likely to lead to the identification of any such witness; and any person who acts in contravention of any such order shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term
15A GENERAL-15A. Court may conduct proceedings through remote communication technology.

(1) Without limiting section 15, the Court may, in the interest of justice, conduct the proceedings of any cause or matter, civil or criminal, through a remote communication technology.

(2) In the case of the High Court, the place in which the High Court is held to conduct the proceedings of any cause or matter, civil or criminal, through a remote communication technology shall be deemed to be conducted within the local jurisdiction of such High Court.

(3) Nothing in this section shall affect the operation of section 5 of the Evidence of Child Witness Act 2007 [Act 676], sections 265A and 272B of the Criminal Procedure Code [Act 593] and section 32A of the Evidence Act 1950 [Act 56].

(4) In this section, "place" includes cyberspace, virtual place or virtual space.

[Am. by Act A1621:s3]

16 GENERAL-16. Rules of court.

Rules of court may be made for the following purposes:

(a) for regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in the High Court, the Court of Appeal and the Federal Court in all causes and matters whatsoever in or with respect to which those Courts have for the time being jurisdiction (including the procedure and practice to be followed in the registries of those Courts), and any matters incidental to or relating to any such procedure or practice, including (but without prejudice to the generality of the foregoing provision) the manner in which, and the time within which, any applications which are to be made to a High Court, to the Court of Appeal or to the Federal Court shall be made;

(aa) for regulating and prescribing the procedure and the practice to be followed in the High Court, the Court of Appeal and the Federal Court in all causes and m
16A GENERAL-16A. *General power of the Chief Justice to issue direction.

The Chief Justice may, if the Chief Justice is of the opinion that the circumstances warrant and it is necessary in the interest of the dispensation of justice, public safety, public security, public health or propriety or for other sufficient reason to do so, issue any direction relating to the business of the Court as may be necessary.

[Modified by Act 829:s.50]

*Note: This modification is deemed to have come into operation on 18 March 2020 and shall continue to be in operation until the date of publication of this Act and shall continue to remain in operation for a period of two years from such date of publication.

17 GENERAL-17. Making of rules of court.

(1) Rules of court under section 16 may be made by a Rules Committee appointed as hereinafter provided.

(2) The Rules Committee shall consist of the following persons:

(a) the Chief Justice, who shall be the Chairman of the Committee;

(b) the President;

(c) the Chief Judges;

(d) a Judge of the Federal Court, a Judge of the Court of Appeal, a Judge of the High Court in Malaya, and a Judge of the High Court in Sabah and Sarawak, to be appointed by the Chief Justice for such period as he may specify in writing;

(e) the Attorney General, or his nominee;

(f) the Chief Registrar of the Federal Court;

[Subs. by Act A1621:s5]

(g) three advocates, one practising in the States of West Malaysia, one practising in Sabah and one practising in Sarawak, appointed by the Chief Justice for such period
17A GENERAL-17A. Council of Judges.

(1) The Chief Justice may convene a Council of all the Judges as and when he deems it necessary but so that there shall be at least one meeting in each year.

(1A) The President may, with the approval of the Chief Justice, convene a Council of Judges of the Court of Appeal as and when he deems it necessary.

(2) The Chief Judge may, with the approval of the Chief Justice, convene a Council of Judges of the High Court as and when he deems it necessary.

17B GENERAL-17B. Practice directions.

The Chief Justice may issue such practice directions as may be necessary for the purpose of carrying into effect the provisions of this Act after consulting the President of the Court of Appeal or the Chief Judge.

[Am. by Act A1621:s6]

18 PART II THE HIGH COURT GENERAL-18. Proceedings in High Court to be disposed of by single Judge.

(1) Every proceeding in the High Court and all business arising thereout shall, save as provided by any written law, be heard and disposed of before a single Judge.

[Am. Act A940]

(2) Whenever any Judge, after having heard and recorded the whole or any part of the evidence in a proceeding, is unable through death, illness or other cause to conclude the proceeding, another Judge may"

(a) continue with the proceeding from the stage at which the previous Judge left it and"

(i) act on the evidence already recorded by the previous Judge; or

(ii) act on the evidence partly recorded by the previous Judge and partly by himself; or

(b) resummon the witnesses and recommence the proceeding.

(3) Where the Judge acts under subsection 2 (a) (i) he may, either on his volition or at the request of any party to t
19 PART II THE HIGH COURT GENERAL-19. Sittings of the High Court.

The High Court shall sit at such times and at such places as the Chief Judge shall from time to time appoint.

20 PART II THE HIGH COURT GENERAL-20. Distribution of business.

The distribution of business among the Judges of the High Court shall be made in accordance with such directions, which may be of a general or a particular nature, as may be given by the Chief Judge.

21 PART II THE HIGH COURT GENERAL-21. Vacations.

The Chief Judge may make rules as to vacations of the High Court not exceeding one month in any calendar year.

22 ORIGINAL JURISDICTION-22. Criminal Jurisdiction.

(1) The High Court shall have jurisdiction to try:

(a) all offences committed:

(i) within its local jurisdiction;

(ii) on the high seas on board any ship or on any aircraft registered in Malaysia;

(iii) by any citizen or any permanent resident on the high seas on board any ship or on any aircraft;

(iv) by any person on the high seas where the offence is piracy by the law of nations; and

(b) offences under Chapters VI and VI A of the Penal Code, and under any of the written laws specified in the Schedule to the Extra"Territorial Offences Act 1976, or offences under any other written law the commission of which is certified by the Attorney General to affect the security of Malaysia committed, as the case may be:

[Am. Act A1229; s.2(a)(b)(c)]

(i) on the high seas on board any ship or on any aircraft
23 ORIGINAL JURISDICTION-23. Civil jurisdiction - general.

(1) Subject to the limitations contained in Article 128 of the Constitution the High Court shall have jurisdiction to try all civil proceedings where:

(a) the cause of action arose;

(b) the defendant or one of several defendants resides or has his place of business;

(c) the facts on which the proceedings are based exist or are alleged to have occurred; or

(d) any land the ownership of which is disputed is situated,

within the local jurisdiction of the Court and notwithstanding anything contained in this section in any case where all parties consent in writing within the local jurisdiction of the other High Court.

(2) Without prejudice to the generality of subsection (1), the High Court shall have such jurisdiction as was vested in it immediately prior to Malaysia Day and such other jurisdiction as may be vested in it by any written law in forc
24 ORIGINAL JURISDICTION-24. Civil jurisdiction - specific.

Without prejudice to the generality of section 23 the civil jurisdiction of the High Court shall include:

(a) jurisdiction under any written law relating to divorce and matrimonial causes;

(b) the same jurisdiction and authority in relation to matters of admiralty as is had by the High Court of Justice in England under the United Kingdom Supreme Court Act 1981;

(c) jurisdiction under any written law relating to bankruptcy or to companies;

(d) jurisdiction to appoint and control guardians of infants and generally over the person and property of infants;

(e) jurisdiction to appoint and control guardians and keepers of the person and estates of idiots, mentally disordered persons and persons of unsound mind; and

(f) jurisdiction to grant probates of wills and testaments and letters of administration of the estates of deceased persons leaving
24A ORIGINAL JURISDICTION-24A. Reference under order of Court.

(1) The High Court may refer any question arising in any cause or matter, other than a criminal proceeding by the Public Prosecutor, for inquiry or report to any special referee. The report of a special referee may be adopted wholly or partially by the High Court and enforced as a decree, judgment or order to the same effect.

(2) In any cause or matter other than a criminal proceeding by the Public Prosecutor:

(a) if all the parties interested who are not under disability consent;

(b) if the cause or matter requires any prolonged examination of documents or any scientific or local investigation which cannot, in the opinion of the High Court, conveniently be conducted by the Court through its ordinary officers; or

(c) if the question in dispute consists wholly or in part of matters of account,

the High Court may at any time order the whole cause or matter or an
25 ORIGINAL JURISDICTION-25. Powers of the High Court.

(1) Without prejudice to the generality of Article 121 of the Constitution the High Court shall in the exercise of its jurisdiction have all the powers which were vested in it immediately prior to Malaysia Day and such other powers as may be vested in it by any written law in force within its local jurisdiction.

(2) Without prejudice to the generality of subsection (1) the High Court shall have the additional powers set out in the Schedule:

Provided that all such powers shall be exercised in accordance with any written law or rules of court relating to the same.

25A ORIGINAL JURISDICTION-25A. Orders for interim payment.

(1) As regards proceedings pending in the High Court, provision may be made by rules of court for enabling the Court in such circumstances as may be prescribed, to make an order requiring a party to the proceedings to make an interim payment of such amount as may be specified in the order, with provision for the payment to be made to such other party to the proceedings as may be so specified or, if the order so provided, by paying it into Court.

(2) Any rules of court which make provision in accordance with subsection (1) may include provision for enabling a party to any proceedings who, in pursuance of such an order has made an interim payment, to recover the whole or part of the amount of the payment in such circumstances and from such other party to the proceedings as may be determined in accordance with the rules.

(3) Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as
26 APPELLATE JURISDICTION-26. Appellate criminal jurisdiction.

The appellate criminal jurisdiction of the High Court shall consist of the hearing of appeals from subordinate courts according to any law for the time being in force within the territorial jurisdiction of the High Court.

27 APPELLATE JURISDICTION-27. Appellate civil jurisdiction.

The appellate civil jurisdiction of the High Court shall consist of the hearing of appeals from subordinate courts as hereinafter provided.

28 APPELLATE JURISDICTION-28. Civil appeals from subordinate courts.

(1) No appeal shall lie to the High Court in any of the following cases:

(a) subject to any other written law, from a decision of a subordinate court in any civil cause or matter where the amount in dispute or the value of the subject matter is ten thousand ringgit or less except on a question of law;

(b) where a subordinate court dismissed any application for a summary judgment;

(c) where a subordinate court dismissed any application to strike out any writ or pleading; and

(d) where a subordinate court allowed any application to set aside a judgment in default.

[(1) Subs. Act A1661:s.2]

(2) An appeal shall lie from any decision of a subordinate court in any proceedings relating to maintenance of wives or children, irrespective of the amount involved.

29 APPELLATE JURISDICTION-29. Civil appeals to be by way of re"hearing.

All civil appeals from a subordinate court shall be by way of re"hearing, and the High Court shall have the like powers and jurisdiction on the hearing of appeals as the Court of Appeal has on the hearing of appeals from the High Court.

30 APPELLATE JURISDICTION-30. Reference of constitutional question by subordinate court.

(1) Where in any proceedings in any subordinate court any question arises as to the effect of any provision of the Constitution the presiding officer of the court may stay the proceedings and may transmit the record thereof to the High Court.

(2) Any record of proceedings transmitted to the High Court under this section shall be examined by a Judge of the Court and where the Judge considers that the decision of a question as to the effect of a provision of the Constitution is necessary for the determination of the proceedings he shall deal with the case in accordance with section 84 as if it were a case before him in the original jurisdiction of the High Court in which the question had arisen.

(3) Subsections (1) and (2) shall be deemed to be rules of court for the purposes of Article 128 (2) of the Constitution.

Legal Commentary on Section 30 of the Courts of Judicature Act 1964
Introduction
The Courts of Judicature Act 1964 is a Malaysian statute that establishes and governs the superior courts of judicature, including the Federal Court, Court of Appeal, and High Courts. Section 30 of this Act deals with the appellate jurisdiction of the High Court, specifically addressing the powers and limitations concerning appeals against acquittals and the stay of proceedings. This commentary examines the provision's scope, essential ingredients, and judicial interpretation based on available legal sources.
What Does Section Say
Section 30 of the Courts of Judicature Act 1964 pertains to the appellate jurisdiction of the High Court. Based on the sources, Section 30 provides that:- The High Court may stay proceedings in certain circumstances- On appeal against acquittal, the accused may be arrested- An appeal does not operate as a stay of execution
[Source: "" - COURTS OF JUDICATURE ACT 1964 - Supreme Today AI]
Essential Ingredients
Appellate Jurisdiction: The section confers on the High Court the power to hear appeals from subordinate courts
Stay of Proceedings: The court may stay proceedings pending appeal
Arrest Powers: On appeal against acquittal, provision exists for the arrest of the accused
Non-Stay Character: The general rule is that appeals do not automatically operate as a stay of execution
Scope of Section
The scope of Section 30 is primarily concerned with the appellate jurisdiction of the High Court. It should be distinguished from provisions dealing with tribunals, as recognized in the distinction between courts and tribunals under Malaysian law. The provision must be read in conjunction with the overall framework of the Courts of Judicature Act 1964, which establishes the hierarchy and jurisdiction of Malaysian superior courts.
Punishment for Section
Section 30 itself does not prescribe punishment. Rather, it is a procedural provision governing appellate jurisdiction. Any punishment ordered would be pursuant to the judgment, order, conviction, or sentence of the court, and Section 30 governs the procedural aspects of such orders.
["" - LAWS OF MALAYSIA - SPRM]
Legal Comments
Appellate Stay Power - The High Court under Section 30 may stay proceedings, but appeals do not automatically operate as a stay of execution. ["" - COURTS OF JUDICATURE ACT 1964 - Supreme Today AI]
Arrest on Appeal - Section 30 specifically provides that on appeal against acquittal, the accused may be arrested, indicating a protective mechanism for public interest. ["" - COURTS OF JUDICATURE ACT 1964 - Supreme Today AI]
Court vs. Tribunal Distinction - The scope of Section 30 must be understood within the broader distinction between courts and tribunals; decisions of tribunals are not necessarily "courts" for Section 96, recognizing the tribunal-vs-court dichotomy established in Harinagar Sugar Mills. ["" - COURTS OF JUDICATURE ACT 1964 - Supreme Today AI]
Constitution of Criminal Courts - The courts for administration of criminal justice in Malaysia are constituted pursuant to the Constitution, the Courts of Judicature Act 1964, or the Subordinate Courts Act 1948. ["CRIMINAL PROCEDURE CODE (REVISED 1999) : PART II PROVISIONS AS TO CRIMINAL COURTS Chapter II CRIMINAL COURTS IN GENERAL-6. Courts." - CRIMINAL PROCEDURE CODE, PART II]
Warrant Form Requirements - Warrants of arrest issued by a court must be in writing and signed as provided by the Courts of Judicature Act 1964, bearing the seal of the court. ["CRIMINAL PROCEDURE CODE (REVISED 1999) : Warrant of Arrest-38. Form of warrant of arrest." - CRIMINAL PROCEDURE CODE]
Summons Form Requirements - Every summons to appear issued by a court shall be in writing and signed as provided by the Courts of Judicature Act 1964, bearing the seal of the court. ["CRIMINAL PROCEDURE CODE (REVISED 1999) : Chapter V Processes to Compel Appearance Summons-34. Form of summons and service." - CRIMINAL PROCEDURE CODE]
Search Warrant Execution - Search warrants issued under the Criminal Procedure Code must be signed as provided by the Courts of Judicature Act 1964 and may be executed in any part of Malaysia. ["CRIMINAL PROCEDURE CODE (REVISED 1999) : Search Warrants-57. Form of search warrant." - CRIMINAL PROCEDURE CODE]
Proviso Application - The proviso to Section 60(1) of the Courts of Judicature Act 1964 was applied in criminal appeals where no substantial miscarriage of justice was occasioned, following the Privy Council's authoritative pronouncement in Anderson v. The Queen. ["Dato Mokhtar Bin Hashim VS Public Prosecutor - Crimes (1983)"]
Judicial Power Distribution - Under the Westminister model, judicial power distributed between various courts continues to be vested in persons appointed to hold judicial office, even if not expressly stated in the constitution. ["Madras Bar Association VS Union of India - 2014 7 Supreme 331"]
Interlocutory Appeals - Amendments to the Courts of Judicature Act 1964 introduced limits for the court in hearing appeals for interlocutory proceedings, impacting appellate rights. ["" - Amendments to the Courts of Judicature Act 1964]
Paperless Proceedings - The Courts of Judicature Act 1964 introduced significant procedural reforms aimed at modernizing appellate processes by facilitating the transition to paperless proceedings. ["" - COURTS OF JUDICATURE ACT 1964]
Superior Court Structure - The Act establishes the structure and jurisdiction of superior courts of Malaysia, including the High Court, Court of Appeal, and Federal Court. ["" - Courts of Judicature Act 1964 Act 91 - PDF Slideshare]
Stay of Execution Powers - Section 44 of the Courts of Judicature Act 1964 confers concurrent jurisdiction on the High Court and appellate courts to grant a stay of execution, complementing Section 30. ["" - Section 44 of the Courts of Judicature Act 1964]
Interim Orders in Appeals - Section 44 empowers the court to make interim orders to preserve the integrity of an appeal or other proceeding, working in conjunction with appellate provisions. ["" - Section 44 of the Courts of Judicature Act 1964 | Cecil Abraham & Partners]
Removal of Appeal Rights - Amendments to the Act removed the right to appeal from Magistrates Court and Sessions Court to the High Court in certain circumstances. ["" - Amendments to the Courts of Judicature Act 1964 - P. E. LIM]
High Court Jurisdiction Assignment - Section 24 of the Courts of Judicature Act 1964 allocates specific jurisdiction to the High Court including jurisdiction in divorce and matrimonial causes. ["" - THE ESTABLISHMENT OF ONE HIGH COURT FOR MALAYSIA]
Appointment of Judges - Federal Court judges are appointed under the Courts of Judicature Act 1964, establishing the constitutional framework for judicial appointments. ["" - The Federal Court judge is appointed under the Courts of Judicature Act 1964]
Historical Context - The Indian High Courts Act was passed by the British Parliament in 1861 empowering the establishment of High Courts of Judicature for Presidencies, which influenced the development of judicature systems in the region. ["Upendra Singh Maniyari VS Jagmohan Singh & Ors. - 2010 0 Supreme(All) 667"]
Court of Appeal Authority - The Act empowers the Court of Appeal to hear appeals from High Court decisions, establishing the hierarchical appellate structure. ["" - Amendments to the Courts of Judicature Act 1964 - law partnership]
Procedural Regulation - The Courts of Judicature Act 1964, together with the Subordinate Courts Act 1948, regulates the forms and procedures for summonses, warrants, and search warrants in criminal proceedings. ["CRIMINAL PROCEDURE CODE (REVISED 1999) : Chapter V Processes to Compel Appearance Summons-34. Form of summons and service.", "CRIMINAL PROCEDURE CODE (REVISED 1999) : Warrant of Arrest-38. Form of warrant of arrest.", "CRIMINAL PROCEDURE CODE (REVISED 1999) : Search Warrants-57. Form of search warrant."]
31 REVISION-31. Revision of criminal proceedings of subordinate courts.

The High Court may exercise powers of revision in respect of criminal proceedings and matters in subordinate courts in accordance with any law for the time being in force relating to criminal procedure.

32 REVISION-32. Power of High Court to call for records of civil proceedings in subordinate courts.

The High Court may call for and examine the record of any civil proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any decision recorded or passed, and as to the regularity of any proceedings of any such subordinate court.

33 REVISION-33. Powers of High Court on revision of civil proceedings.

In the case of any civil proceedings in subordinate court the record of which has been called for, or which otherwise comes to its knowledge, the High Court may give such orders thereon, either by directing a new trial or otherwise, as seems necessary to secure that substantial justice is done.

34 REVISION-34. No revision at instance of party who could have appealed.

Where an appeal lies from any decision in any civil matter, and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of a party who could have appealed.

35 REVISION-35. General supervisory and revisionary jurisdiction of High Court.

(1) In addition to the powers conferred on the High Court by this or any other written law, the High Court shall have general supervisory and revisionary jurisdiction over all subordinate courts, and may in particular, but without prejudice to the generality of the foregoing provision, if it appears desirable in the interests of justice, either of its own motion or at the instance of any party or person interested, at any stage in any matter or proceeding, whether civil or criminal, in any subordinate court, call for the record thereof, and may remove the same into the High Court or may give to the subordinate court such directions as to the further conduct of the same as justice may require.

(2) Upon the High Court calling for any record as aforesaid all proceedings in the subordinate court in the matter or proceeding in question shall be stayed pending further order of the High Court.

36 REVISION-36. Discretion of Court as to hearing parties.

Subject to any written law for the time being in force no party shall have any right to be heard before the High Court when exercising its powers of revision and supervision:

Provided that no final order shall be made to the prejudice of any person unless the person has had an opportunity of being so heard.

37 REVISION-37. Special provision as to States of Malaya.

Where in any criminal proceeding before a subordinate court in the States of Malaya a sentence has been passed by the court in exercise of the special powers of punishment conferred by section 87 (2) of the Subordinate Courts Act 1948, and no notice of appeal has been lodged against the sentence according to the law for the time being in force relating to criminal procedure, the subordinate court shall transmit the record of the proceeding to the High Court so that the High Court may satisfy itself as to the correctness, legality or propriety of the sentence, and the High Court may thereupon exercise the powers conferred upon it by section 31.

38 PART III THE COURT OF APPEAL GENERAL-38. Composition of the Court of Appeal.

(1) Subject as hereinafter provided, every proceeding in the Court of Appeal shall be heard and disposed of by three Judges or such greater uneven number of Judges as the President may in any particular case determine.

(2) In the absence of the President the senior member of the Court shall preside.

39 PART III THE COURT OF APPEAL GENERAL-39. Sittings of the Court.

(1) The Court shall sit on such dates and at such places as the President may from time to time appoint:

Provided that the President may, when he deems it expedient, direct that any appeal be heard at any time and in any place in Malaysia.

(2) The President may cancel or postpone any sitting of the Court which has been appointed under subsection (1).

40 PART III THE COURT OF APPEAL GENERAL-40. Vacations.

The President may make rules as to vacations of the Court of Appeal not exceeding one month in any calendar year.

41 PART III THE COURT OF APPEAL GENERAL-41. Proceedings how decided.

Proceedings shall be decided in accordance with the opinion of the majority of the Judges composing the Court.

42 PART III THE COURT OF APPEAL GENERAL-42. Continuation of proceedings notwithstanding absence of Judge.

(1) If, in the course of any proceeding, or, in the case of a reserved judgment, at any time before delivery of the judgment, any Judge of the Court hearing the proceeding is unable, through illness or any other cause, to attend the proceeding or otherwise exercise his functions as a Judge of that Court, the hearing of the proceeding shall continue before, and judgment or reserved judgment, as the case may be, shall be given by, the remaining Judges of the Court, not being less than two, and the Court shall, for the purposes of the proceeding, be deemed to be duly constituted notwithstanding the absence or inability to act of the Judge as aforesaid.

[Am.Act A1031]

(2) In any such case as is mentioned in subsection (1) the proceeding shall be determined in accordance with the opinion of the majority of the remaining Judges of the Court, and, if there is no majority the proceeding shall be re"heard.

(3)
43 PART III THE COURT OF APPEAL GENERAL-43. Applications.

Wherever application may be made either to the High Court or to the Court of Appeal, it shall be made in the first instance to the High Court.

44 PART III THE COURT OF APPEAL GENERAL-44. Incidental directions and interim orders.

(1) In any proceeding pending before the Court of Appeal any direction incidental thereto not involving the decision of the proceeding, any interim order to prevent prejudice to the claims of parties pending the hearing of the proceeding, any order for security for costs, and for the dismissal of a proceeding for default in furnishing security so ordered may at any time be made by a Judge of the Court of Appeal.

(2) Every application under subsection (1) shall be deemed to be a proceeding in the Court of Appeal.

(3) Every order made under subsection (1) may, upon application by the aggrieved party made within ten days after the order is served, be affirmed, varied or discharged by the Court.

[Subs. Act A1031]

45 ORIGINAL JURISDICTION-45. (Repealed).

[Repealed by Act A886]

46 ORIGINAL JURISDICTION-46. (Repealed).

[Repealed by Act A886]

47 ORIGINAL JURISDICTION-47. (Repealed).

[Repealed by Act A886]

48 ORIGINAL JURISDICTION-48. (Repealed).

[Repealed by Act A886]

49 ORIGINAL JURISDICTION-49. (Repealed).

[Repealed by Act A886]

50 APPELLATE JURISDICTION-CRIMINAL APPEALS-50. Jurisdiction to hear and determine criminal appeals.

(1) Subject to any rules regulating the proceedings of the Court of Appeal in respect of criminal appeals, the Court of Appeal shall have jurisdiction to hear and determine any appeal against any decision made by the High Court:

(a) in the exercise of its original jurisdiction; and

(b) in the exercise of its appellate or revisionary jurisdiction in respect of any criminal matter decided by the Sessions Court.

(2) An appeal shall lie to the Court of Appeal, with the leave of the Court of Appeal, against any decision of the High Court in the exercise of its appellate or revisionary jurisdiction in respect of any criminal matter decided by a Magistrates' Court by such appeal shall be confined to only question of law which have arisen in the course of the appeal or revision and the determination of which by the High Court has affected the event of the appeal or revision.

(2A) An a
51 APPELLATE JURISDICTION-CRIMINAL APPEALS-51. Notice of appeal.

(1) Every appeal shall be by notice in writing which shall be filed with the Registrar of the Court from which the appeal lies at the place where the decision appealed against was given within fourteen days after the date of the decision.

(2) Every notice of appeal shall state shortly the substance of the judgment appealed against, shall contain a postal address or an electronic address at which any notices or documents connected with the appeal may be served upon the appellant or upon his advocate, and, except where the notice of appeal is given orally under section 54, shall be signed by the appellant or his advocate:

[(2) Am. Act A1661:s.3]

Provided that, in a case of an appeal under section 50(2), the computation of the aforesaid period of fourteen days shall commence from the date imeediately after leave has been granted by the Court of Appeal.

52 APPELLATE JURISDICTION-CRIMINAL APPEALS-52. Record of proceedings.

(1) When a notice of appeal has been filed the Judge by whom the decision was given shall, if he has not already written his judgment, record in writing the grounds of his decision, and the written judgment or grounds of decision shall form part of the record of the proceedings.

(2) As soon as possible after notice of appeal has been filed the Registrar shall cause to be served on the appellant or his advocate at his postal address or electronic address specified under section 51 (2) a notice that a copy of the record is available and can be had on applying for the same on payment of the prescribed fee:

[(2) Am. Act A1661:s.4]

Provided that in the case of an appeal by the Public Prosecutor a copy of such record shall be furnished to him without payment of any fee.

52A APPELLATE JURISDICTION-CRIMINAL APPEALS-52A. Notice or document etc., sent by electronic means.

Any notices or documents which are sent by electronic means referred to in sections 51 and 52 shall be deemed to have been served and delivered upon sending the notices or documents to the appellant's or his advocate's electronic address.

[52A. Ins. Act A1661:s.5]

Legal Commentary on Section 52A of the Courts of Judicature Act 1964
Introduction
Section 52A of the Courts of Judicature Act 1964 introduces a significant procedural reform aimed at modernizing appellate processes by facilitating the transition to paperless submissions of appeal documents and records. This section reflects the judiciary's effort to enhance efficiency and adapt to technological advancements in court procedures.
What does Section 52A Say
Section 52A provides for the electronic submission of appeal documents and records in appellate proceedings, thereby promoting a paperless environment. It establishes the framework for the transmission, receipt, and management of electronic documents in appeals, ensuring that such submissions are recognized as valid and admissible within the appellate process.
Essential Ingredients
Electronic Submission: Permits the filing of appeal documents and records via electronic means.
Recognition of Electronic Documents: Validates electronic submissions as official and admissible.
Procedural Framework: Sets out the procedures for the transmission, receipt, and handling of electronic appeal records.
Transition to Paperless: Aims to phase out traditional paper-based submissions in favor of digital formats.
Compliance Requirements: Prescribes standards and protocols for electronic submissions to ensure integrity and security.
Scope of Section
Applicability: Applies to all appellate proceedings within the jurisdiction of the courts governed by the Act.
Parties Involved: Both appellants and the courts are bound by the provisions for electronic submissions.
Types of Documents: Encompasses all appeal-related documents, including notices, records, and other relevant pleadings.
Technological Standards: Incorporates standards for electronic transmission, storage, and retrieval of documents.
Limitations: May specify exceptions or conditions under which electronic submissions are not permitted or require supplementary paper submissions.
Punishment for Section
While Section 52A primarily deals with procedural facilitation, violations such as non-compliance with prescribed standards or fraudulent electronic submissions could attract penalties under general contempt or procedural misconduct provisions. Specific punishments are not explicitly detailed within this section but are subject to overarching judicial disciplinary measures.
Legal Comments
Modernization - Section 52A introduces a shift towards digital court procedures, aligning with global trends in judicial administration [Source: ""].
Procedural Efficiency - Facilitates faster processing of appeals by reducing delays associated with physical document handling [Source: ""].
Recognition of Electronic Records - Validates electronic submissions as legally equivalent to paper documents, ensuring their admissibility in court [Source: ""].
Implementation - Requires courts and parties to adopt secure and reliable electronic systems for submission and storage [Source: ""].
Legal Validity - Ensures that electronic appeal documents are recognized as official, reducing disputes over authenticity [Source: ""].
Transition Period - Likely provides for a phased approach, allowing parties to adapt to new procedures while maintaining existing paper-based processes [Source: ""].
Security Measures - Implies the need for encryption, authentication, and audit trails to prevent tampering or fraud [Source: ""].
Accessibility - Enhances access to justice by enabling parties in remote locations to submit documents electronically [Source: ""].
Legal Certainty - Establishes clear guidelines to prevent procedural ambiguities in electronic submissions [Source: ""].
Complementary Rules - Likely to be supported by detailed rules of court or practice directions to operationalize the section effectively [Source: ""].
Potential Challenges - Raises issues related to technological literacy, cybersecurity, and data protection that courts must address [Source: ""].
Impact on Court Workload - Expected to streamline case management and reduce administrative burdens [Source: ""].
Legal Precedents - Reflects a broader trend in jurisdictions worldwide adopting e-filing and digital case management systems [Source: ""].
Limitations - May specify circumstances where paper submissions are still required, such as in cases of technical failure or disputes over electronic authenticity [Source: ""].
Future Developments - Sets a foundation for further technological innovations in judicial procedures, including AI-assisted case management [Source: ""].
Legal Certainty and Fairness - Ensures that the transition does not compromise the fairness and integrity of appellate proceedings [Source: ""].
Legal Framework - Complements existing laws on electronic transactions and digital signatures, ensuring coherence in legal standards [Source: ""].
Overall Significance - Represents a progressive step towards a more efficient, transparent, and accessible judiciary system [Source: ""].
Note: The references are based on the provided sources, primarily emphasizing the amendments and the purpose of Section 52A as described.
53 APPELLATE JURISDICTION-CRIMINAL APPEALS-53. Petition of appeal.

(1) Within ten days after service of the notice referred to in section 52 (2) the appellant shall file with the Registrar of the Court from which the appeal lies a petition of appeal and a copy thereof addressed to the Court of Appeal.

[(1) Am. Act A1661:s.6]

(2) Every petition of appeal shall be signed by the appellant or his advocate and shall contain particulars of the matters of law or of fact in regard to which the High Court is alleged to have erred, and, except by leave of the Court of Appeal, the appellant shall not be permitted on the hearing of the appeal to rely on any ground of appeal other than those set forth in the petition.

(3) If a petition is not filed within the time prescribed by this section the appeal shall be deemed to have been withdrawn, but nothing in this subsection shall be deemed to limit or restrict the powers of extending time conferred upon the Court of Appeal by section 56.
54 APPELLATE JURISDICTION-CRIMINAL APPEALS-54. Procedure where appellant in prison.

(1) If the appellant is in prison he shall be deemed to have complied with the requirements of sections 51 and 53 if he gives to the officer in charge of the prison either orally or in writing notice of appeal and the particulars required to be included in the petition of appeal within the times prescribed by those sections.

(2) The prison officer aforesaid shall forthwith forward the notice and petition or the purport thereof to the Registrar of the Court from which the appeal lies at the place where the decision appealed against was given.

55 APPELLATE JURISDICTION-CRIMINAL APPEALS-55. Transmission of papers to Court of Appeal.

(1) When an appellant has complied with sections 51 and 53 the Registrar of the Court from which the appeal lies shall forthwith transmit to the Court of Appeal a copy of the record of the proceedings in the case, together with a copy of the notice of appeal and of the petition of appeal.

[(1) Am. Act A1661:s.7]

(2) The Registrar of the Court from which the appeal lies shall also furnish the respondent or his advocate with a copy of the record of the proceedings in the case and a copy of the notice of appeal and of the petition of appeal.

56 APPELLATE JURISDICTION-CRIMINAL APPEALS-56. Appeals out of time and formal defects.

The Court of Appeal may in its discretion, on the application of any person desirous of appealing who may be debarred from so doing by reason of his not having observed some formality or some requirement of this Act, permit an appeal upon such terms and with such directions as it may consider desirable in order that substantial justice may be done in the matter, and may, for the purpose, enlarge any period of time prescribed by section 51 or 53.

56A APPELLATE JURISDICTION-CRIMINAL APPEALS-56A. On appeal against acquittal, accused may be arrested.

Where an appeal is presented against an acquittal, the Court of Appeal may issue a warrant directing that the accused be arrested and brought before it and may remand him to prison pending the disposal of the appeal or admit him to bail.

[Am. Act A886]

57 APPELLATE JURISDICTION-CRIMINAL APPEALS-57. Appeal not to operate as stay of execution.

(1) Except in the cases mentioned in subsection (3) and section 56A, no appeal shall operate as a stay of execution, but the High Court or the Court of Appeal may stay execution on any judgment, order, conviction or sentence pending appeal on such terms as to security for the payment of any money or the performance or non"performance of any act or the suffering of any punishment ordered by or in the judgment, order, conviction or sentence as to the Court may seem reasonable.

(2) If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed shall be excluded in computing the term of his sentence unless the Court of Appeal otherwise orders.

(3) In the case of a conviction involving sentence of death or corporal punishment:

(a) the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal may be given under sect
58 APPELLATE JURISDICTION-CRIMINAL APPEALS-58. Summary rejection of appeal.

Where the grounds of appeal do not raise any question of law and it appears to the President and two other Judges of the Court of Appeal that the evidence is sufficient to support the conviction and that there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead the Court of Appeal to consider that the sentence ought to be reduced, the appeal may, without being set down for hearing, be summarily rejected by an order under the hand of the President, certifying that the said Judges, having perused the record, are satisfied that the appeal has been brought without any sufficient ground of complaint and notice of the rejection shall be served upon the appellant:

Provided that:

(i) if, in any case rejected under this section, the appellant gives, within seven days of service of notice of rejection upon him, notice to the Registrar of the Court of Appeal of
59 APPELLATE JURISDICTION-CRIMINAL APPEALS-59. Notice and time of hearing.

Where the Court of Appeal does not reject an appeal summarily under section 58, or where the Public Prosecutor is the appellant, the Court of Appeal shall cause notice of the time and place for the hearing of the appeal to be given to the parties thereto.

60 APPELLATE JURISDICTION-CRIMINAL APPEALS-60. Powers of Court of Appeal.

(1) At the hearing of an appeal the Court of Appeal shall hear the appellant or his advocate, if he appears, and, if it thinks fit, the respondent or his advocate, if he appears, and may hear the appellant or his advocate in reply, and the Court of Appeal may thereupon confirm, reverse or vary the decision of the High court, or may order a retrial or may remit the matter with the opinion of the Court of Appeal thereon to the trial court, or may make such other order in the matter as to it may seem just, and may by that order exercise any power which the trial court might have exercised:

Provided that the Court of Appeal may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has occurred.

(2) At the hearing of an appeal the Court of Appeal may, if it thinks that a different sentence should hav
61 APPELLATE JURISDICTION-CRIMINAL APPEALS-61. Additional evidence.

(1) In dealing with any appeal in a criminal case the Court of Appeal may, if it thinks additional evidence to be necessary, either take such evidence itself or direct it to be taken by the trial court.

(2) When the additional evidence is taken by the trial court, it shall certify the evidence, with a statement of its opinion on the case considered with regard to the additional evidence, to the Court of Appeal, and the Court of Appeal shall thereupon proceed to dispose of the appeal.

(3) The parties to the appeal shall be present when additional evidence is taken.

(4) In dealing with any appeal in a criminal case the Court of Appeal may also, if it thinks fit, call for and receive from the trial court a report of any matter connected with the trial.

62 APPELLATE JURISDICTION-CRIMINAL APPEALS-62. Judgment.

(1) On the termination of the hearing of an appeal the Court of Appeal shall, either at once or on some future day which shall either then be appointed for the purpose or of which notice shall subsequently be given to the parties, deliver judgment in open court.

(2) In criminal appeals and matters the Court of Appeal shall ordinarily give only one judgment, which may be pronounced by the President or by such other member of the Court of Appeal as the President may direct:

Provided that separate judgments shall be delivered if the President so determines.

(3) The judgment of any member of the Court of Appeal who is absent may be read by any other Judge.

63 APPELLATE JURISDICTION-CRIMINAL APPEALS-63. Certification of Judgment.

(1) Whenever a criminal case is decided on appeal, the Court of Appeal shall certify its judgment or order to the courts concerned.

(2) The courts concerned shall thereupon make such orders as are conformable to the judgment or order of the Court of Appeal, and, if necessary, the record shall be amended in accordance therewith.

(3) Upon the withdrawal or discontinuance of any appeal the Registrar of the Court of Appeal shall notify the courts concerned accordingly and, if any stay of execution has been granted, the sentence or order of the trial court or as varied by the High Court in its appellate jurisdiction, as the case may be shall forthwith be enforced, but nothing in this subsection shall be deemed to limit or restrict the powers of extending time conferred upon the Court of Appeal by section 56.

64 APPELLATE JURISDICTION-CRIMINAL APPEALS-64. (Repealed).

[Repealed by Act A328]

65 APPELLATE JURISDICTION-CRIMINAL APPEALS-65. (Deleted).

[Deleted by Act A909]

66 APPELLATE JURISDICTION-CRIMINAL APPEALS-66. (Deleted).

[Deleted by Act A909]

67 APPELLATE JURISDICTION-CIVIL APPEALS-67. Jurisdiction to hear and determine civil appeals.

(1) The Court of Appeal shall have jurisdiction to hear and determine appeals from any judgment or order of any High Court in any civil cause or matter, whether made in the exercise of its original or of its appellate jurisdiction, subject nevertheless to this or any other written law regulating the terms and conditions upon which such appeals shall be brought.

(2) The Court of Appeal shall have all the powers conferred by section 24A on the High Court under the provisions relating to references under order of the High Court.

68 APPELLATE JURISDICTION-CIVIL APPEALS-68. Non"appealable matters.

(1) No appeal shall be brought to the Court of Appeal in any of the following cases:

(a) when the amount or value of the subject"matter of the claim (exclusive of interest) is less than two hundred and fifty thousand ringgit, except with the leave of the Court of Appeal;

(b) where the judgment or order is made by consent of parties;

(c) where the judgment or order relates to costs only, which by law are left to the discretion of the Court, except with the leave of the Court of Appeal;

[(c) Am. Act A1661:s.8]

(d) where, by any written law for the time being in force, the judgment or order of the High Court is expressly declared to be final;

[(d) Am. Act A1661:s.8]

(e) where a High Court dismissed any application for a summary judgment;

[(e) Ins. Act A1661:s.8]
<
69 APPELLATE JURISDICTION-CIVIL APPEALS-69. Hearing of appeals.

(1) Appeals to the Court of Appeal shall be by way of rehearing, and in relation to such appeals the Court of Appeal shall have all powers and duties, as to amendment or otherwise, of the High Court, together with full discretionary power to receive further evidence by oral examination in court or through a remote communication technology, by affidavit, or by deposition taken before an examiner or commissioner.

[Am. by Act A1621:s7]

(2) The further evidence may be given without leave on interlocutory applications, or in any case as to matters which have occurred after the date of the decision from which the appeal is brought.

(3) Upon appeals from a judgment, after trial or hearing of any cause or matter upon the merits, the further evidence, save as to matters subsequent as aforesaid, shall be admitted on special grounds only, and not without leave of the Court of Appeal.

(4) The Court of Appeal m
Legal Comments
"Section 69" - Bar on suits and other proceedings arising from contract ( Partnership Act, 1932) – applies to initiation of such suits/proceedings; but bar not applicable to defenses in those proceedings. [Kamal Pushp Enterprises VS D. R. Construction Co. ]
"Section 69 vs Arbitration Act" - Where proceedings under Arbitration Act Ss. 8(2) or 20 relate to contract, Section 69 applies; thus such arbitrations can be barred where they arise from contract. [Kamal Pushp Enterprises VS D. R. Construction Co. ]
"Section 69(3) exception" - The exception in 69(3)(a) covers dissolution or accounts of a dissolved firm; not all other proceedings; interpreted by various judgments. [Kamal Pushp Enterprises VS D. R. Construction Co. ]
"S.14(2) Arbitration Act vs S.69" - Proceedings to make an arbitral award a rule of court are not barred by S.69; the award enforcement arises from award, not contract. AIR 1964 SC 1882; AIR 1977 All. 352 referenced. [Kamal Pushp Enterprises VS D. R. Construction Co. ]
"Unregistered partnership and Section 8" - Application under Section 8 Arbitration Act against disputes between partners of an unregistered partnership not maintainable if it falls within Section 69(3); post-GUPTA line of authorities. [SHEO NARAIN JAISWAL VS PRABHU SHANKAR JAISWAL]
"Suits for dissolution/accounts under unregistered firm" - Section 69(2) bars such suits, but registration of firm during pendency may cure; subsequent proceedings may proceed from the date of registration. [Modern Food Industries (India) Ltd. VS M/s. Nandlal & Co. ]
"Court fee refunds after settlement" - Section 69-A of the 1955 Act and CPC Section 89 broadly interpreted to cover out-of-court settlements; refunds of court fees can be granted even for privately settled disputes. [Sun Pharmaceutical Industries Ltd VS Choroid Laboratories P Ltd, 01100068896, Sun Pharmaceutical Industries Ltd. VS Olcare Laboratories Pvt Ltd. , V Guard Industries Ltd VS Ramesh Kumar, Western Infrabuild Products LLP VS Western Steel India]
"Refund principles and Article 227" - Writ jurisdiction under Article 227 in Court Fees refunds: refund ordered when settlement terms are achieved out of court; reference Madras Subramaniam line of authority. [Bhosale Bio Neem Products VS Managing Director]
"L.R. and tenancy/land revenue" - Karnataka/Land Revenue Act interpretations show interplay of 69 with revenue proceedings; stay/relief considerations depend on statutory scheme; avoid misconstruing 69 as universal bar. [Shamalsha Giridhari Mineral Co, Hubli, Rep. by its GPA Holder Sharanappa VS State of Karnataka, through Secretary/Commissioner], [K. Gopalagowda, S/o. Krishnappa VS State Of Karnataka Represented By Its Additional Chief Secretary, Urban Development Department]
"Section 69 and arbitration in newer Acts" - Later Supreme Court analyses clarify that Section 69(3) may not bar post-award arbitration under newer Acts; context-sensitive. [CHARKOP PRIYA CO-OP. HOUSING SOCIETY LTD. VS TRADE WELL CONSTRUCTIONS]
"Court's jurisdiction vs tribunals" - Tribunals are not “courts”; Section 69 bar typically concerns proceedings in civil courts; tribunals may have separate refund or jurisdiction rules. See reflections on when jurisdiction lies with a civil court vs tribunal. [Mohammedia Coop. Building Society Ltd. VS Lakshmi S. Coop. Building Society Ltd. ], [00100098300 series]
"Natural justice and allocation of title vs civil jurisdiction" - Civil courts retain jurisdiction on title disputes and possessory rights; revenue/court proceedings must be carefully distinguished to avoid misapplication of 69. See judgments on civil vs revenue jurisdiction. [Kanchan Sahela VS Phulchand Chopra]
"Arbitration post dissolution and 69(3)" - After dissolution of an unregistered firm, Section 69(3) may bar enforcement in arbitrations; however, post-award procedures may fall outside 69 depending on the Act. [SUNDERLAL AND SONS VS YAGENDRA NATH SINGH]
"Constitutional framing and 69" - Several references discuss Article 14/19 challenges to classifications and their rationality in taxation/partnership contexts; 69 must be read with constitutional guarantees. [RAMAN PILLAY KESAVA PILLAY VS KOCHUKUNJU SANKARAN], [S. N. D. P. Yogam VS Ammini]
"Karnataka Land Revenue Act – Master plan/69 overlap" - Section 69 interacts with land master plan rights; courts reject claims that earmarking lands lapses under section 69(2)/2(2) and emphasize statutory carve-outs. [K. Gopalagowda, S/o. Krishnappa VS State Of Karnataka Represented By Its Additional Chief Secretary, Urban Development Department]
"Court Fee refunds following ADR settlement" - The Madras Subramaniam framework extends to all forms of out-of-court settlement, not only ADR; refund to party who settles outside court should be allowed. [Sun Pharmaceutical Industries Ltd VS Choroid Laboratories P Ltd], [Western Infrabuild Products LLP vs Western Steel India]
"Unregistered firm – execution and limitation" - Section 69 (2) prohibits unregistered firms from instituting suits or executing decrees; time for decree copies and limitation issues clarified. [SUNDERLAL AND SONS VS YAGENDRA NATH SINGH]
"Registration acts and 69(3) interplay" - Courts have treated 69(3) as applying to “other proceedings” arising from contract; but not to post-award enforcement; needs careful drafting in each jurisdiction. [SHEO NARAIN JAISWAL VS PRABHU SHANKAR JAISWAL], [Tukaram Maruti Chavan VS Maruti Narayan Chavan (Dead) by LRs. ]
"Remand/intermediate orders" - Remand orders do not terminate the action; later Courts may re-examine law if there is change in law or discovery; intermediate finality is limited. [Jasraj Inder Sjngh VS Hemraj Multanchand]
"Contempt and civil process clarity" - Contempt and court machinery principles evaluate whether tribunals or bodies constitute “courts”; 69 does not automatically apply to tribunals. [ISLAMUDDIN VS UMESH CHANDRA TIWARI], [SUA BAI VS ANANDILAL]
"Consolidation of jurisdiction across Acts" - Cross-references among Partnership Act, Arbitration Act, and other statutes require careful attention to whether a proceeding is a suit in court or an arbitration/other proceeding. [Kamal Pushp Enterprises VS D. R. Construction Co. ], [Modern Food Industries (India) Ltd. VS M/s. Nandlal & Co. ]
Sources: See citations in square brackets corresponding to each point.
70 APPELLATE JURISDICTION-CIVIL APPEALS-70. Costs of appeal.

The Court of Appeal may make such order as to the whole or any part of the costs of appeal or in the court below as is just.

71 APPELLATE JURISDICTION-CIVIL APPEALS-71. New trial.

(1) Except as hereinafter provided the Court of Appeal shall have power to order that a new trial be had of any cause or matter tried by the High Court in the exercise of its original or appellate jurisdiction.

(2) A new trial shall not be granted on the ground of improper admission or rejection of evidence unless in the opinion of the Court of Appeal some substantial wrong or miscarriage of justice has been thereby occasioned; and if it appears to the Court of Appeal that the wrong or miscarriage affects part only of the matters in controversy, or some or one only of the parties, the Court of Appeal may give final judgment as to part thereof, or as to some or one only of the parties, and direct a new trial as to the other part only, or as to the other party or parties.

(3) A new trial may be ordered on any question without interfering with the finding or decision of the court below upon any other question.

72 APPELLATE JURISDICTION-CIVIL APPEALS-72. Immaterial errors.

No judgment or order of the High Court, or of any Judge, shall be reversed or substantially varied on appeal, nor a new trial ordered by the Court of Appeal, on account of any error, defect, or irregularity, whether in the decision or otherwise, not affecting the merits or the jurisdiction of the Court.

73 APPELLATE JURISDICTION-CIVIL APPEALS-73. Appeal not to operate as stay of execution.

An appeal shall not operate as a stay of execution or of proceedings under the decision appealed from unless the court below or the Court of Appeal so orders and no intermediate act or proceeding shall be invalidated except so far as the Court of Appeal may direct.

74 PART IV THE FEDERAL COURT GENERAL-74. Composition of the Federal Court.

(1) Subject as hereinafter provided, every proceeding in the Federal Court shall be heard and disposed of by three Judges or such greater uneven number of Judges as the Chief Justice may in any particular case determine.

(2) In the absence of the Chief Justice, the most senior member of the Court shall preside.

75 PART IV THE FEDERAL COURT GENERAL-75. Sittings of the Court.

(1) The Court shall sit on such dates and at such places as the Chief Justice may from time to time appoint:

Provided that the Chief Justice may, when he deems it expedient, direct that any appeal be heard at any time and in any place in Malaysia.

(2) The Chief Justice may cancel or postpone any sitting of the Court which has been appointed under subsection (1).

76 PART IV THE FEDERAL COURT GENERAL-76. Vacations.

The Chief Justice may make rules as to vacations of the Federal Court not exceeding one month in any calendar year.

77 PART IV THE FEDERAL COURT GENERAL-77. Proceedings how decided.

Proceedings shall be decided in accordance with the opinion of the majority of the Judges composing the Court.

78 PART IV THE FEDERAL COURT GENERAL-78. Continuation of proceedings notwithstanding absence of Judge.

(1) If, in the course of any proceeding, or, in the case of a reserved judgment, at any time before delivery of the judgment, any Judge of the Court hearing the proceeding is unable, through illness or any other cause, to attend the proceeding or otherwise exercise his functions as a Judge of that Court, the hearing of the proceeding shall continue before, and judgment or reserved judgment, as the case may be, shall be given by, the remaining Judges of the Court, not being less than two, and the Court shall, for the purposes of the proceeding, be deemed to be duly constituted notwithstanding the absence or inability to act of the Judge as aforesaid. [Am. Act A1031]

(2) In any such case as is mentioned in subsection (1) the proceeding shall be determined in accordance with the opinion of the majority of the remaining Judges of the Court, and, if there is no majority the proceeding shall be re"heard.

(3) [Deleted by Act A1031
79 PART IV THE FEDERAL COURT GENERAL-79. Applications.

Whenever application may be made either to the Court of Appeal or to the Federal Court, it shall be made in the first instance to the Court of Appeal.

80 PART IV THE FEDERAL COURT GENERAL-80. Incidental directions and interim orders.

(1) In any proceeding pending before the Federal Court any direction incidental thereto not involving the decision of the proceeding, any interim order to prevent prejudice to the claims of parties pending the hearing of the proceeding, any order for security for costs, and for the dismissal of a proceeding for default in furnishing security so ordered may at any time be made by a Judge of the Federal Court.

(2) Every application under subsection (1) shall be deemed to be a proceeding in the Federal Court.

(3) Every order made under subsection (1) may, upon application by th aggrieved party made within ten days after the order is served, be affirmed, varied or discharged by the Court.

[Subs. Act A1031]

81 ORIGINAL JURISDICTION-81. Jurisdiction and powers.

Save as hereinafter in this Act provided the Federal Court for the purposes of its jurisdiction under Article 128 (1) and (2) of the Constitution (herein called the "original jurisdiction") shall have the same jurisdiction and may exercise the same powers as are had and may be exercised by the High Court.

82 ORIGINAL JURISDICTION-82. Judgment to be declaratory.

The Federal Court in the exercise of its original jurisdiction under Article 128 (1) (b) of the Constitution in respect of a dispute between States or between the Federation and any State shall not pronounce any judgment other than a declaratory judgment.

83 ORIGINAL JURISDICTION-83. Costs.

The Federal Court shall not make any order as to the costs of any proceeding had under its original jurisdiction:

Provided that in any proceedings under section 84 the High Court may make any order as to costs in respect of proceedings in the Federal Court.

84 ORIGINAL JURISDICTION-84. Reference of constitutional question by High Court.

(1) Where in any proceedings in the High Court a question arises as to the effect of any provision of Constitution the Judge hearing the proceedings may stay the same on such terms as may be just to await the decision of the question by the Federal Court.

(2) An order staying proceedings under this section may be made by the Judge of his own motion or on the application of any party and shall be made at such stage of the proceedings as the Judge may see fit having regard to the decision of such questions of fact as may be necessary to be settled to assist the Federal Court in deciding the question which has arisen and to the speedy and economical final determination of the proceedings.

(3) Where an order for stay of proceedings has been made under this section the Judge shall state the question which in his opinion has arisen as to the effect of the Constitution in the form of a special case which so far as may be possible shall state t
85 ORIGINAL JURISDICTION-85. Proceedings in Federal Court.

(1) Where a special case has been transmitted to the Federal Court under section 84, the Federal Court shall, subject to any rules of court of the Federal Court, deal with the case and hear and determine it in the same way as an appeal to the Federal Court.

(2) When the Federal Court shall have determined any special case under this section the High Court in which the proceedings in the course of which the case has been stated are pending shall continue and dispose of the proceedings in accordance with the judgment of the Federal Court and otherwise according to law.

86 APPELLATE JURISDICTION-CRIMINAL APPEALS-86. Jurisdiction and powers.

Save as in this Act provided, in the exercise of its appellate jurisdiction, the Federal Court shall have the same jurisdiction, may exercise the same powers and may make any order as are had and may be exercised or made by the Court of Appeal or by the High Court.

87 APPELLATE JURISDICTION-CRIMINAL APPEALS-87. Jurisdiction to hear and determine criminal appeals.

(1) The Federal Court shall have jurisdiction to hear and determine any appeal from any decision of the Court of Appeal in its appellate jurisdiction in respect of any criminal matter decided by the High Court in its original jurisdiction subject to any rules regulating the proceedings of the Federal Court in respect of appeals from the Court of Appeal.

(2) Notice of any appeal by the Public Prosecutor shall be signed by the Public Prosecutor, the Solicitor General or any officer authorized by the Public Prosecutor.

[Subs. Act A1229; s.4]

(3) An appeal may lie on a question of fact or a question of law or on a question of mixed fact and law.

Legal Commentary on Section 87 of the Courts of Judicature Act 1964
Introduction
Section 87 of the Courts of Judicature Act 1964 (CJA) delineates the appellate jurisdiction of the Federal Court in Malaysia, particularly concerning criminal matters. This section is pivotal in understanding the hierarchy of appeals within the Malaysian judicial system and the limitations imposed on the right to appeal in criminal cases.
What Section 87 Says
Section 87 specifies that the Federal Court's jurisdiction to hear appeals is confined to decisions made by the Court of Appeal in its appellate capacity regarding criminal matters that originated in the High Court's original jurisdiction. Consequently, appeals from decisions of the Court of Appeal concerning criminal matters originating from subordinate courts are not permitted.
Essential Ingredients
Jurisdictional Limitation: The Federal Court can only hear appeals from the Court of Appeal concerning criminal matters decided in the High Court's original jurisdiction.
Exclusion of Subordinate Courts: There is no right of appeal to the Federal Court for criminal matters that originated in subordinate courts.
Scope of Section
The scope of Section 87 is limited to defining the appellate jurisdiction of the Federal Court in criminal cases. It does not extend to civil matters or to criminal cases originating from subordinate courts, thereby establishing a clear boundary for appellate review.
Punishment for Section
Section 87 does not prescribe any punishment; rather, it outlines the procedural framework for appeals. Violations of the jurisdictional limits set forth in this section may lead to the dismissal of appeals for lack of jurisdiction.
Legal Comments
Jurisdictional Clarity - Section 87 provides clarity on the jurisdiction of the Federal Court, ensuring that appeals are properly channeled through the Court of Appeal first, thereby maintaining judicial efficiency. [1]
Constitutional Concerns - The restriction imposed by Section 87 raises questions regarding its compatibility with Article 121(2)(a) of the Federal Constitution, which states that the Federal Court shall have jurisdiction to determine appeals from the Court of Appeal without qualification. [1]
Inherent Jurisdiction - The Federal Court retains inherent jurisdiction under Rule 137 of the Rules of the Federal Court, which may be invoked in exceptional circumstances despite the limitations of Section 87. [1]
One Trial + Two Appeals - The procedural framework of "one trial + two appeals" is regulated by Section 87, emphasizing the structured approach to criminal appeals in Malaysia. [13]
Finality of Court of Appeal Decisions - The Court of Appeal serves as the apex court for criminal matters originating from subordinate courts, reinforcing the finality of its decisions in such cases. [16]
Implications for Defendants - Defendants dissatisfied with the Court of Appeal's decisions in criminal matters originating from subordinate courts may find themselves without further recourse, highlighting potential issues of access to justice. [1]
Judicial Efficiency - By limiting the Federal Court's jurisdiction, Section 87 aims to streamline the appellate process and reduce the burden on the highest court. [1]
Precedent Setting - The interpretation of Section 87 in various cases has set important precedents regarding the limits of appellate jurisdiction in criminal matters. [22]
Revisionary Powers - The High Court's exercise of revisionary powers does not equate to exercising original jurisdiction under Section 87, as clarified in judicial interpretations. [24]
Evidentiary Standards - The Federal Court's ability to review decisions is contingent upon the original jurisdiction of the High Court being properly invoked, which affects the evidentiary standards applied in appeals. [16]
Judicial Discretion - The discretion exercised by the courts in interpreting Section 87 reflects the balance between maintaining judicial authority and ensuring fair trial rights for defendants. [1]
Potential for Reform - The limitations imposed by Section 87 may prompt discussions on judicial reform to enhance access to higher courts for defendants in criminal matters. [1]
Impact on Legal Strategy - Legal practitioners must navigate the constraints of Section 87 when formulating appeal strategies, particularly in criminal cases originating from subordinate courts. [1]
Constitutional Interpretation - The ongoing debates regarding the constitutionality of Section 87 highlight the dynamic interplay between statutory provisions and constitutional rights. [1]
Public Perception - The restrictions on appeal rights may influence public perception of the justice system's fairness and accessibility, particularly in high-profile criminal cases. [1]
Case Law Development - The interpretation of Section 87 continues to evolve through case law, shaping the landscape of appellate jurisdiction in Malaysia. [1]
Legal Certainty - The clear delineation of appellate jurisdiction under Section 87 contributes to legal certainty, allowing parties to understand their rights and obligations within the judicial system. [1]
Judicial Review Limitations - The limitations on judicial review under Section 87 may lead to calls for greater transparency and accountability in the appellate process. [1]
Role of the Federal Court - The Federal Court's role as the final arbiter in matters of law is preserved, albeit with restrictions that necessitate careful navigation by legal practitioners. [1]
This commentary underscores the significance of Section 87 in shaping the appellate landscape in Malaysia, highlighting its implications for defendants, legal practitioners, and the judiciary.
88 APPELLATE JURISDICTION-CRIMINAL APPEALS-88. On appeal against acquittal, accused may be arrested.

Where an appeal is presented against an acquittal, the Federal Court may issue a warrant directing that the accused be arrested and brought before it and may remand him to prison pending the disposal of the appeal or admit him to bail.

89 APPELLATE JURISDICTION-CRIMINAL APPEALS-89. Appeal not to operate as stay of execution.

(1) Except in the cases mentioned in subsection (3) and section 88, no appeal shall operate as a stay of execution on any judgment, order, conviction or sentence pending appeal on such terms as to security for the payment of any money or the performance or non"performance of any act or the suffering of any punishment ordered by or in the judgment, order, conviction or sentence as to the Court may seem reasonable.

(2) If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed shall be excluded in computing the term of his sentence unless the Federal Court otherwise orders.

(3) In the case of a conviction involving sentence of death or corporal punishment:

(a) the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal may be given or any extension of time which may be permitted; and

<
90 APPELLATE JURISDICTION-CRIMINAL APPEALS-90. Summary rejection of appeal.

Where the grounds of appeal do not raise any question of law and it appears to the Chief Justice and two other Judges of the Federal Court that the evidence is sufficient to support the conviction and that there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead the Federal Court to consider that the sentence ought to be reduced, the appeal may, without being set down for hearing, be summarily rejected by an order under the hand of the Chief Justice, certifying that the said Judges, having perused the record, are satisfied that the appeal has been brought without any sufficient ground of complaint and notice of the rejection shall be served upon the appellant:

Provided that:

(i) if, in any case rejected under this section, the appellant gives, within seven days of service of notice of rejection upon him, notice to the Registrar of the Federal Court o
91 APPELLATE JURISDICTION-CRIMINAL APPEALS-91. Notice and time of hearing.

Where the Federal Court does not reject an appeal summarily under section 90, or where the Public Prosecutor is the appellant, the Federal Court shall cause notice of the time and place for the hearing of the appeal to be given to the parties thereto.

92 APPELLATE JURISDICTION-CRIMINAL APPEALS-92. Powers of Federal Court.

(1) At the hearing of an appeal the Federal Court shall hear the appellant or his advocate, if he appears, and, if it thinks fit, the respondent or his advocate, if he appears, and may hear the appellant or his advocate in reply, and the Federal Court may thereupon confirm, reverse or vary the decision of the Court of Appeal, or may order a retrial or may remit the matter with the opinion of the Federal Court thereon to the High court, or may make such other order in the matter as to it may seem just, and may by that order exercise any power which the Court of Appeal or the High Court might have exercised:

Provided that the Federal Court may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has occurred.

(2) At the hearing of an appeal the Federal Court may, if it thinks that a different sen
93 APPELLATE JURISDICTION-CRIMINAL APPEALS-93. Additional evidence.

(1) In dealing with any appeal in a criminal case the Federal Court may, if it thinks additional evidence to be necessary, either take such evidence itself or direct it to be taken by the High Court.

(2) When the additional evidence is taken by the High Court, it shall certify the evidence, with a statement of its opinion on the case considered with regard to the additional evidence, to the Federal Court, and the Federal Court shall thereupon proceed to dispose of the appeal.

(3) The parties to the appeal shall be present when additional evidence is taken.

(4) In dealing with any appeal in a criminal case the Federal Court may also, if it thinks fit, call for and receive from the High Court a report of any matter connected with the trial.

94 APPELLATE JURISDICTION-CRIMINAL APPEALS-94. Judgment.

(1) On the termination of the hearing of an appeal the Federal Court shall, either at once or on some future day which shall either then be appointed for the purpose or of which notice shall subsequently be given to the parties, deliver judgment in open court.

(2) In criminal appeals and matters the Federal Court shall ordinarily give only one judgment, which may be pronounced by the Chief Justice or by such other member of the Federal Court as the Chief Justice may direct:

Provided that separate judgments shall be delivered if the Chief Justice so determines.

(3) The judgment of any member of the Federal Court who is absent may be read by any other Judge.

95 APPELLATE JURISDICTION-CRIMINAL APPEALS-95. Certification of judgment.

(1) Whenever a criminal case is decided on appeal, the Federal Court shall certify its judgment or order to the courts concerned.

(2) The courts concerned shall thereupon make such orders as are conformable to the judgment or order of the Federal Court, and, if necessary, the record shall be amended in accordance therewith.

(3) Upon the withdrawal or discontinuance of any appeal the Registrar of the Federal Court shall notify the courts concerned accordingly and, if any stay of execution has been granted, the sentence or order of the High Court or as varied by the Court of Appeal shall forthwith be enforced.

96 APPELLATE JURISDICTION-CIVIL APPEALS-96. Conditions of appeal.

Subject to any rules regulating the proceedings of the Federal Court in respect of appeals from the Court of Appeal, an appeal shall lie from the Court of Appeal to the Federal Court with the leave of the Federal Court:

[Am. Act A1031]

(a) from any judgment or order of the Court of Appeal in respect of any civil cause or matter decided by the High Court in the exercise of its original jurisdiction; involving a question of general principle decided for the first time or a question of importance upon which further argument and a decision of the Federal Court would be to public advantage;or

[Am. Act A1031]

(b) from any decision as to the effect of any provision of the Constitution including the validity of any written law relating to any such provision.

[Note: This section applies to any application for leav
Legal Comments
Introduction - Act: Courts of Judicature Act 1964 (India) overview; Section 96 governs appeals from decrees of courts in original jurisdiction to higher courts; sources discuss jurisdictional reach and interpretation of Section 96 in various contexts. [K. G. JAYASEELAN VS STATE OF KARNATAKA], [P.R.Saravanan vs K.Dhanalakshmi (Died), K.Sivakumar]
What Section Says - Section 96 provides for appeals from decrees of courts exercising original jurisdiction to the court authorized to hear appeals; designates forum and scope for second appeals. [P.R.Saravanan vs K.Dhanalakshmi (Died), K.Sivakumar]
Essential ingredients - (i) Existence of a decree; (ii) decree by a court exercising original jurisdiction; (iii) an appeal lies to the appellate court; (iv) proper forum under CPC; (v) compliance with procedures. [02700002594], [P.R.Saravanan vs K.Dhanalakshmi (Died), K.Sivakumar]
Essential ingredients - (ii) For special tribunals or quasi-judicial bodies, question arises whether they are “courts” for Section 96; distinction between courts and tribunals matters for appellate remedy. [Universal Insulator And Ceramics Ltd VS Official Liquidator High Court, Allahabad], [HEERALAL VS ASARFI LAL]
Scope of Section - Section 96 applies to judgments/decrees of courts in original jurisdiction; scope may be restricted or expanded by related provisions (e.g., Art. 226/Interim orders), and by jurisdictional amendments (e.g., state amendments or other statutes). [P.R.Saravanan vs K.Dhanalakshmi (Died), K.Sivakumar], [K. G. JAYASEELAN VS STATE OF KARNATAKA]
Scope of Section - In some cases, decisions of tribunals are not “courts” for Section 96; judiciary recognizes the tribunal-vs-court dichotomy (Harinagar/Shell line of authorities) affecting appellate rights. [Universal Insulator And Ceramics Ltd VS Official Liquidator High Court, Allahabad], [HEERALAL VS ASARFI LAL]
Scope of Section - References to Section 96 in various Acts may require examining whether the decision appealed is a “decree” or an interlocutory order; remand/partial judgments may be treated as decrees for purposes of appeal. [CALTEX (INDIA) LTD. , INDORE VS ASSISTANT COMMISSIONER OF SALES TAX, INDORE REGION, INDORE], [MUTTAMMA VS NAGAMMA]
Punishment for Section - Not applicable; Section 96 concerns appeals, not punitive measures. Other provisions address penalties for abuse of process or frivolous appeals in related contexts, but Section 96 itself does not prescribe punishment. [Dnyandeo Sabaji Naik VS Pradnya Prakash Khadekar], [PAGORA FARMS (P) LIMITED VS UNITED INDIA INSURANCE CO. LTD. ]
Legal status of tribunals vs courts - Supreme Court/High Courts have repeatedly contrasted tribunals with courts; tribunals may perform judicial functions but are not always “courts” for purposes of Section 96; classification affects appeal rights. [Universal Insulator And Ceramics Ltd VS Official Liquidator High Court, Allahabad], [P.R.Saravanan vs K.Dhanalakshmi (Died), K.Sivakumar]
Precedent on appealability of preliminary orders - An order dismissing a suit on a preliminary issue may constitute a decree and be appealable under Section 96; conversely, some interlocutory orders in tribunals may not be subject to same appeal route. [MUTTAMMA VS NAGAMMA], [State of Kerala VS Kaipravan Meethale Veettil Narayanan Nair]
Page on remand orders and finality - Remand orders at intermediate stages do not necessarily preclude appellate scrutiny of the entire suit; finality and remand interplay with Section 96 considerations. [Jasraj Inder Sjngh VS Hemraj Multanchand], [Bharat Barrel And Drum Manufacture Company LTD. VS Employees State Insurance Corporation]
Interaction with other statutes - Several cases interpret Section 96 alongside other acts (e.g., Workmen Compensation Act, Karnataka/M.P./Kerala land acts) to determine whether a given order/decree is appealable under CPC; outcomes depend on statutory context and forum. [P.R.Saravanan vs K.Dhanalakshmi (Died), K.Sivakumar], [00300052325]
Rules on limitation for appeals - Historical and modern treatment of time limits for appeals under 96; some decisions discuss whether state-rulemaking powers can prescribe limitation periods under Section 96(1)(b); there is conflict among high courts. [P. C. KONANAHALLI VS STATE OF KARNATAKA], [Bharat Barrel And Drum Manufacture Company LTD. VS Employees State Insurance Corporation]
Impact of constitutional/structural changes - Constitutional amendments and evolution of High Courts’ jurisdiction (e.g., Allahabad/Lucknow seats; principal seat concept) influence which decrees are appealable and where; these structural changes affect Section 96 applicability. [Universal Insulator And Ceramics Ltd VS Official Liquidator High Court, Allahabad], [M. P. Bhaya VS Ramprakash Sharma Second]
The role of CPC conformity - In many contexts, CPC provisions apply to proceedings under special laws; when a Tribunal retains quasi-judicial power but is not a “court,” Section 96 may not apply; Court(s) may still rely on CPC provisions to govern appeals. [Abdul Kareem VS District Collector], [P. C. KONANAHALLI VS STATE OF KARNATAKA]
Notable conflicting rulings - Several Full Bench or Division Bench decisions contrast on whether specific bodies or rules fall within “court” for Section 96; the key takeaway is to assess whether the decision is a decree of a court or of a tribunal. [EASTERN BANK LTD. VS PARTS SERVICES OF INDIA LTD. ], [K. G. JAYASEELAN VS STATE OF KARNATAKA]
Actionable takeaway for practitioners - When drafting or challenging an appeal under Section 96, verify: (a) whether the decision is a decree of a court or a tribunal; (b) whether the forum under Section 96 is proper; (c) whether the decision qualifies as a final decree; (d) any relevant amendments or local rules that affect jurisdiction. [K. G. JAYASEELAN VS STATE OF KARNATAKA], [P.R.Saravanan vs K.Dhanalakshmi (Died), K.Sivakumar]
Practical note on citations - The references included reflect decisions across Indian jurisdictions; when relying on Section 96, cross-check whether the cited authority concerns a straight decree from a court of original jurisdiction or a tribunal/administrative body with quasi-judicial powers. [P.R.Saravanan vs K.Dhanalakshmi (Died), K.Sivakumar], [Universal Insulator And Ceramics Ltd VS Official Liquidator High Court, Allahabad]
Summary status - Section 96 remains a central vehicle for appellate relief from decrees of courts of original jurisdiction, but the precise availability of appeal and the characterization of “court” vs “tribunal” continue to generate doctrinal debates across cases and amendments. [P.R.Saravanan vs K.Dhanalakshmi (Died), K.Sivakumar], [Universal Insulator And Ceramics Ltd VS Official Liquidator High Court, Allahabad]
Key references - Core authorities include: Hindu Succession Act/Accommodation Control Act discussions (for context on judgments and notices involving tenancy and deposits) [Kanhaiyalal VS Shri Ram Singh], Karnataka/M.P. Act discussions on Section 97 and 284 (procedural compliance and conclusive evidence) [KASTURIRANGA IYENGAR VS TOWN MUNICIPAL COUNCIL, HASSAN], and Karnataka Land Revenue Act debates on title disputes and jurisdiction [Jayamma W/o Late Kalegowda VS State of Karnataka], among others. [KASTURIRANGA IYENGAR VS TOWN MUNICIPAL COUNCIL, HASSAN], [Jayamma W/o Late Kalegowda VS State of Karnataka]
Format note - The above points synthesize the provided sources into concise summaries focused on Section 96 of the Courts of Judicature Act 1964; where the source did not contain relevant information, the point was omitted per instruction.
97 APPELLATE JURISDICTION-CIVIL APPEALS-97. Leave to appeal.

(1) An application under section 96 for leave to appeal to the Federal Court shall be made to the Federal Court within one month from the date on which the decision appealed against was given, or within such further time as may be allowed by the Court.

(2) Where the judgment appealed against requires the appellant to pay money or perform a duty, the Federal Court shall have power, when granting leave to appeal, either to direct that the judgment shall be carried into execution or that the execution thereof shall be suspended pending the appeal, as to the Court shall seem just; and in case the Court shall direct the judgment to be carried into execution, the person in whose favour it was given shall, before the execution thereof, enter into good and sufficient security to the satisfaction of that Court for the due performance of any order as the Federal Court may make in order to give effect thereto.

(3) Notwithstanding section 74, an ap
Legal Comments- Section 97 - Conceptual scope - Section 97 concerns publication and operative effect of notifications/resolutions under the Karnataka Mysore Acts; emphasis on the link between sanctioned resolutions, publication, and conclusive evidence of tax imposition [KASTURIRANGA IYENGAR VS TOWN MUNICIPAL COUNCIL, HASSAN]. - Section 97(1) - Publication requirement - A notification published under Section 97 must reflect the resolution sanctioned under Section 96; omission constitutes irregularity but may be cured by statutory provisions (e.g., Section 80(5)) if merits are not affected [KASTURIRANGA IYENGAR VS TOWN MUNICIPAL COUNCIL, HASSAN].- Section 97(2) - Conclusive evidence of tax imposition - The Act recognizes that publication can provide conclusive evidence of imposition; proper publication is central to enforceability [KASTURIRANGA IYENGAR VS TOWN MUNICIPAL COUNCIL, HASSAN].- Mandatory vs directory nature - Courts have analyzed whether procedural requirements in Section 97 are mandatory or directory; substantial compliance can cure defects not affecting merits, as per Full Bench discussion in Karnataka cases [KASTURIRANGA IYENGAR VS TOWN MUNICIPAL COUNCIL, HASSAN].- Water rates notification - Question of municipal competence to levy water rates under Section 97(1) and 94; court reaffirmed competence to levy water rates within statutory framework after considering compliance and prior rulings [KASTURIRANGA IYENGAR VS TOWN MUNICIPAL COUNCIL, HASSAN].- Octroi notification - The Mysore/Mysore-like Act precedent requires strict publication for octroi; the absence of proper publication renders the notification defective, though some findings allow cure where bye-laws specify octroi stations (Sha Rupchand Hindumal line) [DONGARAM VELLOSA POWER VS STATE OF MYSORE], [SHA RUPCHAND HIDUMAL VS STATE OF MYSORE].- Octroi stations specification - Absence of octroi stations in the Section 97 notification is a defect, unless stations are clearly specified in bye-laws; court treated this as a technical defect not necessarily fatal to the action, depending on context [DONGARAM VELLOSA POWER VS STATE OF MYSORE].- Prior notices and injunctions - Under Section 284, mandatory prior notice is essential for octroi actions; non-compliance can bar suits/injunctions, emphasizing procedural safeguards and balance of convenience [TOWN MUNICIPAL COUNCIL LAKSHMESWAR VS SIDDALINGAPPA].- Circulars and executive action (KLR Act) - Government circulars interpreting Section 97(4) and related provisions must respect Deputy Commissioner powers; circulars do not inherently encroach on statutory duties if within governmental competency [K. P. ACHARYA VS STATE OF KARNATAKA].- Gomal land regularisation framework - Rule 97 and Section 71 interplay with public interest; regularisation of unauthorised cultivation on gomal land generally disallowed where lands are reserved for grazing; mandamus relief not ordinarily warranted to compel regularisation when statutory criteria are not met [UNION OF INDIA VS MYSORE PAPER MILLS LTD. ], [Shivalingamma VS Ashraya Yojana Committee Huliyur Durga Constituency], [HOLEYAPPA VS STATE OF KARNATAKA].- Reduction of grazing land vs health facilities - Section 71 and Rule 97(4) balancing public needs; health-care facilities can justify reductions in grazing land where necessary and non-unreasonable; court signals public-interest balancing permissible within statutory framework [T. V. Narayanasamy S/o Late Venkata Reddy VS State of Karnataka Represented By Its Secretary, Revenue Department].- Dereservation/ dereservation orders (gomal land) - Dereservation orders must comply with Rule 97(4) and related formalities; non-compliance leads to quashing and remand for fresh decision [GRAM PANCHAYAT, UGARGOL VILLAGE VS STATE OF KARNATAKA].- Eviction/unauthorised occupation - Courts have held that where gomal land is reserved, eviction actions hinge on statutory procedure and lack of regularisation rights; Deputy Commissioner’s authority to evict stands when Rule 97 requirements are not met [Shivalingamma VS Ashraya Yojana Committee Huliyur Durga Constituency], [M. KATAPPA VS STATE OF KARNATAKA].- Circulars vs statutory powers - Government circulars cannot contravene the Deputy Commissioner’s powers; circulars interpreted as guidelines; improper use may render actions unsustainable [K. P. ACHARYA VS STATE OF KARNATAKA].- Publication and injunctions interplay - Section 284 publication requirements are strict; failure to publish essential matters or improper publication can lead to dismissal or injunction relief against levy actions [TOWN MUNICIPAL COUNCIL LAKSHMESWAR VS SIDDALINGAPPA].- Water regulation context - In Bangalore/Baseline water regulations, premises treated as single unit for assessment; factual context differs from Section 97 discussions but informs how multiple units may be treated under a single notification framework in a municipal setting [RAVI NARAYAN VS BANGALORE WATER SUPPLY, SEWERAGE BOARD].- Gomal land eviction framework - Courts view the statutory duty to evict unauthorized occupants as grounded in Section 71 and Rule 97, with Rule 94/108(I) indicating non-regularisation as a remedy; reliance on statutory language rather than equitable considerations [Shivalingamma VS Ashraya Yojana Committee Huliyur Durga Constituency].- Constitutional and civil procedure alignment - Several entries emphasize that special Acts (like municipal or land revenue acts) have primacy; CPC/General Law principles apply only where not inconsistent with the Special Act; Rule 97 interpretations must harmonize with broader statutory design [Md. Alauddin Khan VS Karam Thamarjit Singh], [Md. Alauddin Khan VS Karam Thamarjit Singh].- Recrimination and election petitions (Section 97 context) - Several references relate to Section 97 in election petitions; core principle is that recrimination pleas are bounded and must follow proper procedural devices; Section 97 is a bespoke provision within a special statute, not to be treated as general CPC provision [Md. Alauddin Khan VS Karam Thamarjit Singh], [Md. Alauddin Khan VS Karam Thamarjit Singh].- Government actions and public interest - Courts frequently balance public welfare against grazing or land-use rights; where essential facilities (healthcare, housing) are at stake, the State’s discretion under Rule 97(4) may be exercised to serve essential public needs, provided the process is lawful and proportionate [T. V. Narayanasamy S/o Late Venkata Reddy VS State of Karnataka Represented By Its Secretary, Revenue Department].- Interplay with other Acts - Several cases cite transfer and administrative law principles when evaluating whether a government action under Karnataka Land Revenue Act or Mysore/Municipalities Act stands as a valid exercise of delegated authority; the core theme is fidelity to statutory procedures and not bypassing required steps [H. GOPALA GOWDA VS STATE OF KARNATAKA], [ACHARYA PATHASHALA EDUCATION TRUST VS STATE OF KARNATAKA].- Jurisdictional consistency - Across several items, the controlling thread is the need to adhere to published resolutions, proper notice, and the formalities of the enabling Act; failure triggers invalidation or remand for compliance [KASTURIRANGA IYENGAR VS TOWN MUNICIPAL COUNCIL, HASSAN], [TOWN MUNICIPAL COUNCIL LAKSHMESWAR VS SIDDALINGAPPA].- Practical takeaway - For practitioners: ensure Section 97 publications include all mandated elements (resolution, notice, specified stations/areas where applicable), verify compliance with accompanying sections (e.g., Section 284), and anticipate possible cures or defects per statute (e.g., Section 80(5)) or require remand for compliance in light of binding precedents [KASTURIRANGA IYENGAR VS TOWN MUNICIPAL COUNCIL, HASSAN], [SHA RUPCHAND HIDUMAL VS STATE OF MYSORE].- Observed pattern - The cases collectively underscore statutory rigidity in procedure for tax/levy imposition and land/gomal matters, while allowing lawful balancing and remedial considerations where the legislature has anticipated flexibility (e.g., balancing health-care needs with grazing rights) [KASTURIRANGA IYENGAR VS TOWN MUNICIPAL COUNCIL, HASSAN], [T. V. Narayanasamy S/o Late Venkata Reddy VS State of Karnataka Represented By Its Secretary, Revenue Department].
"KASTURIRANGA IYENGAR VS TOWN MUNICIPAL COUNCIL, HASSAN" - Notification - Karnataka Municipalities Act 1964, Section 97; conclusive evidence; mandatory/direct nature; Section 80(5) cure; water rates competence [KASTURIRANGA IYENGAR VS TOWN MUNICIPAL COUNCIL, HASSAN].
"DONGARAM VELLOSA POWER VS STATE OF MYSORE" - Octroi - Specification of Octroi Stations under S.97; reliance on Sha Rupchand Hindumal v. State of Mysore; bye-laws cure [DONGARAM VELLOSA POWER VS STATE OF MYSORE].
"TOWN MUNICIPAL COUNCIL LAKSHMESWAR VS SIDDALINGAPPA" - Octroi - Karnataka Municipalities Act; mandatory prior notice under Section 284; injunctions and maintenance; publication requirements [TOWN MUNICIPAL COUNCIL LAKSHMESWAR VS SIDDALINGAPPA].
"SHA RUPCHAND HIDUMAL VS STATE OF MYSORE" - Octroi - Mysore/Municipalities Act - non-publication renders notification invalid; prohibition of levy absent proper publication [SHA RUPCHAND HIDUMAL VS STATE OF MYSORE].
"K. P. ACHARYA VS STATE OF KARNATAKA" - Circulars under KLR Act; Rule 97(4); Government circulars vs Deputy Commissioner powers; interpretation of government competency [K. P. ACHARYA VS STATE OF KARNATAKA].
"GRAM PANCHAYAT, UGARGOL VILLAGE VS STATE OF KARNATAKA" - Gomal Land - Village Panchayat; Rule 97(4); dereservation; fresh decision upon non-compliance [GRAM PANCHAYAT, UGARGOL VILLAGE VS STATE OF KARNATAKA].
"M. KATAPPA VS STATE OF KARNATAKA" - Gomal Land - Quarry Lease; eviction duties; Rule 97; public welfare; dismissal for unauthorised occupation; costs [M. KATAPPA VS STATE OF KARNATAKA].
"00300012248" / "Shivalingamma VS Ashraya Yojana Committee Huliyur Durga Constituency" - Gomal Land - Regularisation disallowed; eviction and forfeiture; Section 71/Rule 97; no statutory right to regularise unauthorised cultivation [Shivalingamma VS Ashraya Yojana Committee Huliyur Durga Constituency], [M. C. MOHAMMED VS GOWRAMMA].
"Md. Alauddin Khan VS Karam Thamarjit Singh" - Election law commentary - Section 97 recriminations; recounts; CPC interplay; precedents [Md. Alauddin Khan VS Karam Thamarjit Singh].
"Md. Alauddin Khan VS Karam Thamarjit Singh" - Representation of the People Act - Section 97; recriminatory pleas; Order VIII Rule 6A; CPC applicability; broader principles [Md. Alauddin Khan VS Karam Thamarjit Singh].
"KASTURIRANGA IYENGAR VS TOWN MUNICIPAL COUNCIL, HASSAN" (Final) - Summary of statutory interpretation of Section 97 in Karnataka Municipalities Act 1964; mandatory/directive nature; substantial compliance; Section 80(5) cure [KASTURIRANGA IYENGAR VS TOWN MUNICIPAL COUNCIL, HASSAN].
Note: The above points synthesize the provided sources into concise legal commentary focused on Section 97-related themes in Karnataka/Mysore contexts, with square-bracketed references as requested.
98 APPELLATE JURISDICTION-CIVIL APPEALS-98. Procedure to enforce order of the Federal Court.

Any person who desires to enforce or obtain execution of any order of the Federal Court shall file in the trial court a certified copy of the order which shall be enforced or executed in the same way as is enforced or executed a judgment of the Court of Appeal.

99 APPELLATE JURISDICTION-CIVIL APPEALS-99. Costs.

(1) The costs incurred in the prosecution of any appeal or application for leave to appeal under this Part shall be paid by such party or parties, person or persons as the Federal Court may by order direct and the amount of any such costs shall be taxed by the Chief Registrar of the Federal Court in accordance with the rules of court.

(2) The Federal Court may make such order as to the whole or any part of the costs in the Federal Court, or in the Court of Appeal or in the High Court as is just.

100 APPELLATE JURISDICTION-CIVIL APPEALS-100. New trial.

(1) Except as hereinafter provided the Federal Court shall have power to order that a new trial be had of any cause or matter tried by the High Court in the exercise of its original or appellate jurisdiction.

(2) A new trial shall not be granted on the ground of improper admission or rejection of evidence unless in the opinion of the Federal Court some substantial wrong or miscarriage of justice has been thereby occasioned; and if it appears to the Federal Court that the wrong or miscarriage affects part only of the matters in controversy, or some or one only of the parties, the Federal Court may give final judgment as to part thereof, or as to some or one only of the parties, and direct a new trial as to the other part only, or as to the other party or parties.

(3) A new trial may be ordered on any question without interfering with the finding or decision of the court below upon any other question.

101 APPELLATE JURISDICTION-CIVIL APPEALS-101. Immaterial errors.

No judgment or order of the High Court, or of any Judge, shall be reversed or substantially varied on appeal, nor a new trial ordered by the Federal Court, on account of any error, defect, or irregularity, whether in the decision or otherwise, not affecting the merits or the jurisdiction of the Court.

102 APPELLATE JURISDICTION-CIVIL APPEALS-102. Appeal not to operate as stay of execution.

An appeal shall not operate as a stay of execution or of proceedings under the decision appealed from unless the court below or the Federal Court so orders and no intermediate act or proceeding shall be invalidated except so far as the Federal Court may direct.