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    <title>2019 (5) TMI 1901 - Supreme Court</title>
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    <description>Section 41 of the Punjab Courts Act, 1918 continues to govern second appeals in Punjab because it is a pre-Constitution law preserved by Article 372(1) and does not fall within Article 254. The Court examined Section 97 of the Code of Civil Procedure (Amendment) Act, 1976 and held that its saving effect is confined to amendments or provisions inserted in the Code itself, not to Section 41 of the Punjab Courts Act. The earlier view treating Section 41 as repealed was held incorrect, and the Constitution Bench ruling in Pankajakshi was reaffirmed as governing the field for Punjab.</description>
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    <pubDate>Fri, 10 May 2019 00:00:00 +0530</pubDate>
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      <title>2019 (5) TMI 1901 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=297618</link>
      <description>Section 41 of the Punjab Courts Act, 1918 continues to govern second appeals in Punjab because it is a pre-Constitution law preserved by Article 372(1) and does not fall within Article 254. The Court examined Section 97 of the Code of Civil Procedure (Amendment) Act, 1976 and held that its saving effect is confined to amendments or provisions inserted in the Code itself, not to Section 41 of the Punjab Courts Act. The earlier view treating Section 41 as repealed was held incorrect, and the Constitution Bench ruling in Pankajakshi was reaffirmed as governing the field for Punjab.</description>
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      <pubDate>Fri, 10 May 2019 00:00:00 +0530</pubDate>
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