Section 112 — Savings
The closing clause of the appeals Part. Nothing in the Code may be read to cut down (a) the Supreme Court’s powers under Article 136 (or any other constitutional provision), or (b) the Supreme Court’s own rules for presenting and conducting appeals. And (2) none of this touches criminal, admiralty / vice-admiralty, or Prize Court matters.
How to read Section 112
(1)(a) Art. 136 & the Constitution
Nothing in the Code affects the Supreme Court’s powers under Article 136 (special leave) or any other constitutional provision — the apex court’s reach is untouched.
(1)(b) The Supreme Court’s rules
Nothing interferes with the Supreme Court’s own rules for the presentation and conduct of appeals before it.
(2) Excluded jurisdictions
These provisions do not apply to criminal, admiralty / vice-admiralty, or Prize Court appeals — those are governed elsewhere.
The bare Act
1(1) Nothing contained in this Code shall be deemed—
→ Art. 136 special leave is the discretionary apex route that survives a § 109 refusal; the SC’s appeal procedure is in Order XLV and the Supreme Court Rules.
(2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty jurisdiction or to appeals from orders and decrees of Prize Courts.
1. Sub-section (1) was substituted by the Adaptation of Laws Order, 1950 (the A.O. 1950) for the former sub-section (1) — updating the saving from the old Privy-Council regime to the new Supreme Court and the Constitution.
Key terms decoded
A provision that preserves existing powers/laws from being cut down by the Code — it takes things out of the Code’s effect rather than conferring anything.
The Code must not be read as touching the matters listed — a rule of construction protecting them.
The Supreme Court’s discretionary power to grant special leave to appeal from any court or tribunal — preserved intact, even where § 109 gives no certificate.
The saving is not limited to Art. 136 — no constitutional power of the Supreme Court is curtailed by the Code.
The Court’s own procedural rules for presenting and conducting appeals — left to operate without interference from the Code.
Criminal matters are outside the Code (a civil code); criminal appeals run under the CrPC and Art. 134.
Maritime jurisdiction (ships, collisions, salvage) — governed by its own admiralty law, not this Code.
Courts that adjudicate captured enemy vessels/cargo in wartime — their orders and decrees are likewise outside the Code’s appeal provisions.
The picture — the savings shield
§ 112 is a savings shield. On one side it protects what the Code must not diminish — the Supreme Court’s Article 136 powers and its rules. On the other it marks what the Code does not reach at all — criminal, admiralty / vice-admiralty and Prize Court matters. A fitting close to Part VII.
Section 112, part by part
Sub-section (1) — the Code is not to be read as touching (a) the Supreme Court’s Article 136 (and other constitutional) powers, or (b) the Supreme Court’s own appeal rules.
Sub-section (2) — the Code’s appeal provisions simply do not reach certain special jurisdictions: criminal, admiralty / vice-admiralty, and Prize Courts.
How the parts work as one body
A shield that preserves — and a fence that excludes
Connected provisions
Section 112 closes Part VII — Appeals (§§ 96–112). It is the savings clause: it preserves the Supreme Court’s Article 136 powers and its rules (the discretionary route alongside the certified appeal of § 109), and keeps the Code’s civil-appeal scheme clear of criminal, admiralty and Prize matters.