Saifudheen v. v.Perumal and Others

Kerala HC4 Feb 2016FAO/387/2010

Case brief

AI extract

What is this about?

The Court held that an appeal filed under Section 104 CPC read with Order XLI Rule 1(c) against an order of the Motor Accident Claims Tribunal dismissing an application for restoration under Order IX Rule 9 CPC is not maintainable. The Court reasoned that the Motor Vehicles Act does not incorporate appellate provisions, and the Tribunal is distinct from a Civil Court.

What did the court decide?

The appeal was rejected as not maintainable.

What the court decided

AI extract

Saifudheen Vs v.Perumal and Others — Motor Accident Claims | Kerala HC (2016)

¶43

“As has been pointed out by Gajendragadkar C.J. A soverign State has executive, legislative and judicial functions. So, necessarily, every State should have corresponding powers also. The judicial powers of the State are primarily conferred on the ordinary Courts of the land which exercise the judicial functions. They are called the ordinary courts of civil judicature. Disputes between citizens and citizens and disputes between the citizens and the State are to be left to the adjudication of these hierarchy of courts established under the Constitution. But, at the same time, the Constitution does not prohibit the vesting of the State's judicial power in authorities other than courts. A tribunal like the Claims Tribunal set up under the Motor Vehicles Act, 1939 is another authority to which the State can transfer a part of its judicial powers. The Civil Court and the Tribunal both are vested with judicial powers of the State. But that does not mean that both are the same. The Constitution does not define 'court' or 'tribunal'. The Code of Civil Procedure also does not contain a definition. But the indication in the preamble to the Code is that in it is consolidated the laws relating to the procedure of the Courts of Civil judicature. Courts of civil judicature can only be ordinary civil courts of the land. In one sense, all courts are tribunals. But all tribunals will not be courts, courts in the strict sense. It is the judicial power of the State that is exercised by a Court and a tribunal. But there is one difference. A court (a civil court) has judicial power of the State to try all suits of a civil nature excepting suits the cognizance of which is expressly or impliedly barred. But on the other hand, judicial power is statutorily conferred on a tribunal to deal with special matters. It will have some of the trappings of a court, but that by itself will not make it one among the hierarchy of courts established under the Constitution. If a Court and a tribunal are one and the same, there is no reason why

Saifudheen v. v.Perumal and Others

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Saifudheen v. v.Perumal and Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Thomas Abraham Vs T.A Antony

Hamsa Vs Jayarama Shetty

C.R.Shijo Vs v.S.Lilly

T.Narayana Vs State Bank of Travancore

T.S.Pavanan Vs Velayudhan Nair

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