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Supreme Court of India 2016-02-25

Pankajakshi (Dead) Through L. Rs. & Ors vs Chandrika & Ors

Bench: 5 — R.F. Nariman, Kurian

In Brief

The Supreme Court considered whether Section 23 of the Travancore-Cochin High Court Act (which provides for reference to a third judge when two judges disagree on appeal) survives the enactment of the Kerala High Court Act, 1958, and whether it applies to civil appeals in the Kerala High Court. The Court held that Section 23 remains unaffected by the repeal clause and is a special law governing High Court appeals, which prevails over the general provision in Section 98(2) of the Code of Civil Procedure. The decision overruled P.V. Hemalatha's earlier contrary finding and established that a uniform rule applies to all appeals (civil, criminal, and otherwise) before the High Court when two judges differ.

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