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CS Professional · Drafting, Pleadings and Appearances · Pleadings

Sanjay, a Company Secretary in Delhi, is advising on a petition to quash an FIR before the High Court. He is asked whether the Code of Civil Procedure, 1908 affects the Supreme Court's powers under article 136 of the Constitution. What does the Code say?

The Code does not affect the Supreme Court's article 136 powers. Section 112(1)(a) of the Code of Civil Procedure, 1908 saves the Supreme Court's powers under article 136 or any other constitutional provision, so the Code cannot restrict special leave jurisdiction.

  1. AThe Code overrides article 136 powers in criminal appeals
  2. BThe Code limits article 136 powers to civil matters only
  3. CThe Code requires leave under Section 35A before article 136 is invoked
  4. DNothing in the Code is deemed to affect the Supreme Court's powers under article 136Correct

Explanation

Section 112(1)(a) provides that nothing in the Code is deemed to affect the powers of the Supreme Court under article 136 or any other constitutional provision. Section 35A is unrelated to access to the Supreme Court. The options suggesting limits are therefore wrong.

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