2003 (9) TMI 807 - HC - Indian Laws

Summary

Issues Involved:
1. Maintainability of appeals from judgments, decrees, or orders passed by a Single Judge of the High Court in light of Section 100A of the Code of Civil Procedure as amended by Act 22 of 2002.
2. Interpretation of Section 54 of the Land Acquisition Act and Section 173 of the Motor Vehicles Act regarding appeals.
3. Conflict between provisions of the Kerala High Court Act and the amended Section 100A of the Code of Civil Procedure.
4. Substantive right of appeal and its applicability post-amendment.

Detailed Analysis:

1. Maintainability of Appeals under Section 100A of the Code of Civil Procedure:
The core issue is whether an appeal from a judgment, decree, or order passed by a Single Judge of the High Court is maintainable despite the amendment to Section 100A of the Code of Civil Procedure by Act 22 of 2002. The amended Section 100A states, "Notwithstanding anything contained in any Letters Patent for any High Court or in any other instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court, no further appeal shall lie from the judgment and decree of such Single Judge." This provision aims to abolish the intra-court appeal process, thereby reducing the workload and expediting the finality of adjudications.

2. Appeals under Section 54 of the Land Acquisition Act and Section 173 of the Motor Vehicles Act:
Section 54 of the Land Acquisition Act allows appeals to the High Court from any award or decree of the court, and further appeals to the Supreme Court. Similarly, Section 173 of the Motor Vehicles Act provides for appeals against awards passed by the Motor Accidents Claims Tribunal to the High Court. Both sections imply that appeals from these special enactments should follow the normal procedure prescribed under the High Court Act, which includes the possibility of a further appeal to a Division Bench if the value of the subject matter exceeds one lakh rupees.

3. Conflict between Kerala High Court Act and Amended Section 100A of the Code of Civil Procedure:
The Kerala High Court Act, particularly Section 5(11), allows for an appeal to a Bench of two Judges from a judgment or order of a Single Judge in appellate jurisdiction. However, the amended Section 100A of the Code of Civil Procedure overrides this provision by explicitly barring further appeals from judgments or orders passed by a Single Judge, except in cases under Articles 226 and 227 of the Constitution. The non-obstante clause in Section 100A gives it overriding effect over any conflicting provisions in other laws, including the Kerala High Court Act.

4. Substantive Right of Appeal Post-Amendment:
The appellants argued that the right of appeal is a substantive right that accrues at the commencement of the lis (legal action). However, the court held that the amendment to Section 100A, which took effect on 1.7.2002, abolishes the right to a further appeal under Section 5(ii) of the Kerala High Court Act, even if the proceedings were initiated before this date. The court concluded that no substantive right for a further appeal exists post-amendment for judgments, decrees, or orders passed by a Single Judge under Section 3(13)(b) of the High Court Act.

Conclusion:
The court dismissed both A.F.A. Nos. 83 of 2002 and 87 of 2002 as not maintainable, affirming that the amended Section 100A of the Code of Civil Procedure prevails over the provisions of the Kerala High Court Act regarding further appeals from decisions of a Single Judge. The legislative intent to abolish intra-court appeals to expedite judicial processes and reduce the High Court's workload was upheld.