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TMI Blog2003 (9) TMI 807X X X X Extracts X X X X X X X X Extracts X X X X ..... claimants are entitled to a share in the amount of compensation. One of the claimants, who claimed exclusive right over the entire compensation, filed the Land Acquisition Appeal. Since the value of the subject matter of the appeal was below Rupees One Lakh, the appeal was heard and disposed of by a learned Single Judge of this Court as provided under Section 3(13)(b) of the Kerala High Court Act. The learned Single Judge did not accept the appellant's case as such but modified the decree and judgment passed by the trial Court. Dissatisfied with the judgment rendered by the learned Single Judge, the appellant before the learned Single Judge has filed A.F.A.83 of 2002. 2. A.F.A.87 of 2002 is filed against the judgment of the learned Single Judge dated 13.6.2002 in M.F.A. 1345 of 1996. Late Velayudhan on account of the injuries sustained by him in a road accident involving a motor vehicle. During the pendency of the O.P.(M.V.), Velayudhan died and his legal representatives were impleaded. The Motor Accidents Claims Tribunal awarded ₹ 11,306/- as compensation as against the claim of ₹ 60,000/- Dissatisfied with the compensation awarded by the Tribunal, the le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to be a decree and the grounds of every such award shall be deemed to be a judgment as defined in the Code of Civil Procedure. Section 54 of the Land Acquisition Act deals with appeals. It reads as follows:- 54. Appeals in proceedings before Court.- Subject to the provisions of the Code of Civil Procedure, 1908, applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this Act to the High Court from the award, or from any part of the award, of the Court and from any decree of the. High. Court passed on such appeal as aforesaid an appeal shall lie to the Supreme Court subject to the provisions contained in section 110 of the Code of Civil Procedure, 1908, and in Order XLIV thereof. A reading of Section 54 makes it clear that an appeal shall lie in any proceedings under the Land Acquisition Act to the High Court. But once such an appeal is filed, the same is governed by the normal procedure prescribed under the provisions of the High Court Act. In view of the provisions contained in Section 3(13)(b) of the High Court Act, such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed is a decree or order by the Single Judge under Section 3(13) of the High Court Act. An appeal is maintainable against such a decree or order to a Bench of two Judges in view of the provisions contained in Section 5(11) of the High Court Act and not because of the provisions of the special enactments. Section 5(11) of the Kerala High Court Act reads as follows:- 5. Appeal from judgment or order of Single Judge-An appeal shall lie to a Bench of two Judges from- (i) xx xx xx (ii) a judgment of a single Judge in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of original jurisdiction by a subordinate court. The question to be considered in these appeals is whether Section 100A as amended by Act 22 of 2002 will prevail over the provisions contained in Section 5(11) of the High Court Act. 8. Section 100A of the Code of Civil Procedure was introduced in the Code of Civil Procedure by Section 38 of the Code of Civil Procedure (Amendment) Act; 1976 (104 of 1976), which came into force with effect from 1.2.1977. The Section inserted read as follows:- A. No. further appeal in certain in cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cision and order rendered by a single Judge of the High Court in a proceeding under Article 226 or 227 of the Constitution. Clause 10 seeks to substitute a new Section 100A with a view to provide for no further appeal in the above cases. The legislature wanted to take away the further appeals not only from an original decree or order, but even the right of appeal Conferred on the litigant against the decisions rendered by a Single Judge while disposing of a writ petition filed under Article 226 or 227 of the Indian Constitution, The purpose Was to avoid a system of entertaining a second appeal in the High Court in all categories of cases. 11. Section 100A was again amended by Section 4 of the Code of Civil Procedure (Amendment) Act, 2002 (22 of 2002) Which came into force with effect from 1.7.2002. At present Section 100A reads as follows:- 100-A No further appeal in certain cases.-Notwithstanding anything contained in any Letters Patent for any High Court or in any 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 H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extent to which the legislature had intended to give one provision overriding effect over another provision. Such intention of the legislature in this behalf is to be gathered from the enacting part of the section. So, the intention of the legislature is clear. The Parliament wanted to abolish the procedure of filing intra-Court appeal under Section 5(11) of the High Court Act against any judgment of order of a Single Judge except in the case of writ petitions filed under Articles 226 and 227 of the Constitution of India. 13. In Salem Advocate Bar Association v. Union of India, (2003) 1 SCC 49),the Apex Court held as follows:- Section 100A deals with two types of cases which are decided by a Single Judge. One is where the Single Judge hears an appeal from an appellate decree or order. The question of there being any further appeal in such a case cannot and should not be contemplated. Where, however, an appeal is filed before the High Court against the decree of a trial court, a question may arise whether any further appeal should be permitted or not. Even at present depending upon the value of the case, the appeal from the original decree is either heard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the words original decree on orders used in Section 100A refer only to a decree passed under the provisions of the Code of Civil Procedure by a civil court and not under an award passed under the land Acquisition Act or the Motor Vehicles Act. 16. In I.T.C. Ltd. v. State of Karnataka (1985 Supp. SCC 476) the Apex Court held as follows:- ...where however, the Central and the State legislation cover the same field then the Central legislation would prevail. It is also well settled that where two Acts, one passed by Parliament and the other by a State legislature, collide and there is no question of harmonising them, then the Central legislation must prevail. In Kulwant Kaur v. Gurdial Singh Mann (2001) 4 SCC 262) the apex Court held as follows:- Special or local laws would remain functional only as long as there is no specific provision to the contrary legislated by Parliament The moment such law comes into conflict with Central legislation it becomes inapplicable and is deemed to be repealed. It was further held:- Incorporation of the Civil Procedure Code (Amendment) Act in the statutebook is by virtue of conferment of po ..... X X X X Extracts X X X X X X X X Extracts X X X X
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