AI Overview...
Section 133(1) of the Constitution of India
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Scope and Nature of Second Appeal
Section 133(1) of the Constitution grants the High Court the power to hear second appeals in civil cases. Notably, the provision does not specify that the appeal can be limited to questions of substantial question of law of general importance, unlike other provisions such as Section 109 of the Civil Procedure Code or Article 133(1)(a). This indicates a broader scope for second appeals under the Constitution.
Gokuldas, S/o Late Unnikutta Panikar VS Gopalakrishnan, S/o Kunnathulli Unnikutta Panikar - Kerala, Philomina, W/o. George VS Bernardshaw, S/o. Bhagyam - Kerala -
Power to Hear on Questions Formulated by Court
The Court can direct that the second appeal be heard on specific questions formulated by it, emphasizing judicial discretion in framing issues for appeal.
Gokuldas, S/o Late Unnikutta Panikar VS Gopalakrishnan, S/o Kunnathulli Unnikutta Panikar - Kerala -
Legal Interpretation and Public Importance
Courts have interpreted Article 133(1)(c) and Section 109(c) to involve cases of significant public or private importance, especially when the questions involve substantial questions of law. The interpretation underscores that the scope of second appeals can extend to cases of broader importance, even if not explicitly limited to questions of general importance.
Rajmal Paharchand VS Commissioner Of Income-tax, East Punjab : No. 2. - Punjab and Haryana -
Independence from Other Provisions
Section 110 of the Civil Procedure Code, similar in language to Article 133(1)(b), applies independently of clause (a), indicating that different clauses of Article 133 have distinct applications and are not necessarily interconnected.
Rajah Kishore Devigaru VS Bhaskara Gouta Chorani - Andhra Pradesh -
Constitutional Challenges and Rights
Some challenges have been raised regarding Section 133, particularly its compatibility with Articles 19(1)(g) and 14, concerning rights to property and equality. Courts have examined whether Section 133 imposes unreasonable restrictions or violates constitutional rights, but generally uphold its validity, emphasizing its procedural role rather than substantive limitations.
BHARAT NAIK VS ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES AND ANR. - Orissa -
Finality of Judgments and Validity
The finality of judgments under Section 133(1) is affirmed in certain cases, especially when related to the validity of orders or laws, reinforcing the constitutional safeguard for appellate review.
C. Achiah VS P. Gopalakrishna Reddy - Andhra Pradesh -
Related Provisions and Disciplinary Matters
Provisions under various acts, including the Gujarat Panchayats Act and Corporation Acts, have been examined under the scope of Article 133(1), particularly in disciplinary and administrative contexts, illustrating the diverse applicability of appellate powers.
SATUBHAI K. VAGHELA VS MOOSA RAZA,the DISTRICT DEVELOPMENT OFFICER,surendranagar - Gujarat -
Independent Nature of Clauses
Clause (b) of Article 133(1) and Section 110(2) are considered independent of clause (a), further clarifying the scope and application of second appeals under the Constitution.
Narendra Bahadur VS Shanker Lal - Allahabad -
Conclusion
Overall, Section 133(1) of the Constitution provides a broad appellate mechanism for civil cases, with the Court empowered to hear second appeals on questions of law, including those of significant importance, and to formulate specific questions for consideration. Its scope is interpreted flexibly, and it operates alongside other provisions with distinct applications, while also facing constitutional scrutiny on procedural grounds.
Gokuldas, S/o Late Unnikutta Panikar VS Gopalakrishnan, S/o Kunnathulli Unnikutta Panikar - Kerala, Rajmal Paharchand VS Commissioner Of Income-tax, East Punjab : No. 2. - Punjab and Haryana, BHARAT NAIK VS ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES AND ANR. - Orissa, C. Achiah VS P. Gopalakrishna Reddy - Andhra Pradesh
Search Results for "Section 133 1 of the Constitution"
2023 0 Supreme(Ker) 640 • India - Kerala
A. BADHARUDEEN
Code of Civil Procedure, 1908 - Order XLII Rule 1, 2, Section 100 - Constitution of India, 1950 – Article ... 133(1)(a) - Second appeal - Power of Court to direct that appeal be heard on question formulated by it - Whether second appeal can ... However, it is clear that the legislature has chosen not to qualify the scope of “substantial question of law” by suffixing the words “of general importance” as has been done in many other provisions such as S.109 of the Code or Art.133(1)(a) of....
1950 0 Supreme(P&H) 39 • India - Punjab and Haryana
Ratio Decidendi: The court interpreted the provisions of Article 133(1)(c) of the Constitution of India and Section 109(c) ... case involved a reference under Section 66(1) of the Income-tax Act, 1922, regarding the partition of joint Hindu family property ... of India and Section 109(c) of the Civil Procedure Code, as the point involved was of great public or private importance and could ... That being so, the sole question for determination is whether the present case satisfies the ....
1959 0 Supreme(AP) 229 • India - Andhra Pradesh
MOHAMMED AHMED ANSARI, P.CHANDRA REDDY, A.V.KRISHNA RAO
Section 110, paragraph 2, Civil Procedure Code, which is in the same terms as Article 133 (1) (b) of the Constitution, applies only ... CIVIL PROCEDURE CODE - SECTION 110 - ARTICLE 133 (1) OF THE CONSTITUTION OF INDIA - APPLICABILITY - VALUATION OF SUBJECT-MATTER ... must be read independently of Article 133 (1) (a) and must naturally prevail, if it is at conflict with the provisions of Section ... The relevant por....
1958 0 Supreme(Ori) 26 • India - Orissa
R.L.NARASIMHAM, S.BARMAN
Cs. challenged the constitutional validity of Section 133, arguing that it violated Articles 19(1)(g) and 14 of the Constitution. ... Whether Section 133 of the Orissa Co-operative Societies Act, 1951, violated Article 19(1)(g) of the Constitution by imposing an ... Whether Section 133 violated Article 14 of the Constitution by imposing an unreasonable restriction on the right of litigants to ... ....
1966 0 Supreme(AP) 268 • India - Andhra Pradesh
ANANTA NARAYANA AYYAR, KUMARAYYA
The judgment in the writ petition challenging the validity of Section 32 (b) is final for the purpose of Article 133 (1) of the Constitution ... Court under Article 133 (1) (c) of the Constitution. ... Whether the judgment in the writ petition challenging the validity of Section 32 (b) is final for the purpose of Article 133 (1) ... c) of Article 133 (1) of the Constitu....
1968 0 Supreme(Guj) 21 • India - Gujarat
D.A.DESAI, J.B.MEHTA
Act 1904 – Section 16 – Corporation Act – Section 408 (1) – Constitution of India – Article 133 – Grama Panchayat Servants Disciplinary ... Gujarat Panchayats Act 1961 – Sections 49, 290, 49 (1), 321 (4) (iii ), 102 (1) (b) – Bombay General Clauses ... of the Sayala Gram Panchayat and the order at Annexure R disqualifying him for a period of four years passed by respondent No. 1 ... In these circumstances Their Lordships held the constituti....
1969 0 Supreme(All) 16 • India - Allahabad
JAGDISH SAHAI, YASHODANANDAN, R.L.GULATI
(1) of the Constitution and the second part of Section 110, Civil P. ... Ratio Decidendi: The court held that Clause (b) of Article 133 (1) of the Constitution and the second part of Section 110, ... C. are independent of Clause (a) of Article 133 (1) and Section 110 (1), Civil P. C. respectively. ... (b) of Art. 133 (1) of the Constitution or....
2018 0 Supreme(HP) 1487 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN
Civil Procedure Code, Section 100, 109, Article 133(1)(a) of the Constitution - The court discussed the substantial question of law ... joint ownership - Civil Suit - 1. ... injunction and mandatory injunction on the ground that the parties were joint owners in possession of the suit land and defendant No. 1 ... However, it is clear that the legislature has chosen not to qualify the scope of substantial question of law by suffixing the words of general importance as has been done in ma....
2023 0 Supreme(Ker) 720 • India - Kerala
A. BADHARUDEEN
Code of Civil Procedure, 1908 - Order XLII Rule 1, 2, Section 100, 109 - Registration Act, 1908 - Section ... 17, (1)(b) - Constitution of India, 1950 - Article 133(1)(a) - Second appeal - Property - Prohibitory injunction - Restraining from ... Legal position is no more res-integra on point that in order to admit and maintain a second appeal under Section ... However, it is clear that the legislature has chosen not to qualify the scope of “substantial question of la....
1968 0 Supreme(Goa) 23 • India - Goa
V.S.JETLEY
CUSTOMS ACT, 1962 - SECTION 16(1) - INDIAN TARIFF ACT, 1934 - SECTION 4-A - CONSTITUTION OF INDIA - ARTICLES 132(1), 133(1) - ... and granted the certificates applied for under sub-clauses (a) and (c) of Art.133(1) and Clause (1) of Art.132 of the Constitution ... Whether Section 4-A is void on the ground that it violates Art.14 of the Constitution? 4. ... In the view taken of th....
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