Bailabel Type : bailable

Description

Section 111A of the Code of Civil Procedure (CPC) pertains to appeals made to the Federal Court in India. This section was introduced to provide for appeals from certain judgments or orders passed by the High Court to the Federal Court (the precursor to the Supreme Court of India, before its establishment in 1950).

However, it's important to note that Section 111A is no longer applicable since the establishment of the Supreme Court of India in 1950. The Federal Court ceased to exist after the Constitution of India came into effect, and its functions were transferred to the Supreme Court, making Section 111A obsolete.

Key Provisions of Section 111A (as originally framed):

1. Appeals to the Federal Court:

   • Section 111A provided the mechanism for appeals to the Federal Court from decisions or orders passed by the High Court in certain civil matters.
   • It specified that when an appeal involved a substantial question of law or issues of national importance, it could be taken to the Federal Court.

2. Appeals from the High Court:

   • It laid down that an appeal could be filed in the Federal Court against any final judgment or order passed by the High Court in a case where a substantial question of law was involved.
   • In general, the Federal Court would have the jurisdiction to hear appeals involving important legal matters, especially those involving constitutional interpretation, fundamental rights, or significant legal principles.

3. Transfer of Jurisdiction:

   • After the Supreme Court of India was established in 1950, the role of the Federal Court was transferred to the Supreme Court. Consequently, the jurisdiction to hear appeals from the High Court in civil matters shifted to the Supreme Court, making the Federal Court redundant.
   • The Federal Court's powers and responsibilities were absorbed by the Supreme Court, and Section 111A became irrelevant for appeals post-1950.

4. Obsolescence:

   • After the Constitution of India came into effect, which established the Supreme Court of India as the highest judicial authority, Section 111A lost its significance.
   • The Supreme Court took over the appellate jurisdiction of the Federal Court, and today, all appeals involving substantial legal questions from the High Courts are heard by the Supreme Court.

Punishment

Since Section 111A is no longer in force due to the creation of the Supreme Court, there are no current punishments or consequences under this section. However, when it was active, the following could have been relevant:

1. Dismissal of Appeal:

   • If an appeal was filed incorrectly to the Federal Court when it was no longer the proper forum, it would have likely been dismissed.
   • Such a dismissal could also have led to costs being imposed on the appellant for misusing the appeal process.

2. Jurisdictional Issues:

   • Any appeal under Section 111A would have been subject to the jurisdictional rules governing the Federal Court, and any violation of these rules could have led to a dismissal or referral to the appropriate appellate body (i.e., the Supreme Court after 1950).