B VEERA NAGESWARA RAO Vs. B RAMA DEVI

JUDGEMENT

(1.) When time passes and situations undergo changes, conventions of the Courts and rules of procedure are sometimes stretched and even violated. Every High Court in matters of procedure is given freedom by the laws made by the competent legislature and to seek uniformity of procedure in all the Courts in the country is to seek concurrence of minds of Judges of different Courts of the country, which is possible only when they interact and recognise the wisdom behind a particular procedure, which is followed in any Court. This Court, although created after independence and the Constitution of the Republic of India has inherited and by law made by the Parliament, conferred with the Letters Patent power of the Madras High Court, a Full Bench of this Court in A. Srinath vs. APSRTC has accepted that the practice of the Madras High Court applies perforce to this Court. The Full Bench has traced the history of the creation of this Court stating inter alia as follows:

(2.) The appellate jurisdiction is created with respect to matters, civil and criminal, not being a sentence or order passed or made in the exercise of the power of superintendence under the provisions of Section 107 of the Government of India Act, 1915 or in the exercise of the criminal jurisdiction of one Judge of the High Court or one Judge of any Division Court pursuant to Section 108 of the Government of India Act. The last part of the clause wherein appeal to the Privy Council is preserved, however, stands repealed by the Constitution of India. Section 108 of the Government of India Act, 1915 has been continued by promulgation of Government of India Act, 1935 and by Article 225 of the Constitution of India. Section 108 of the Government of India Act, 1915 reads as follows:

(3.) Clauses 37 and 38 of the Letters Patent respectively provide for regulation of proceedings in civil and criminal cases. Clause 37 reads: