The Law of Criminal Procedure

472 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

C IVIL P ROCEDURE C ODE C RIMINAL P ROCEDURE C ODE

Section 109- contd. Section 411 A— contd. sions hereinafter contained, the Appellate Court to be a an appeal shall lie to His sufficient ground of appeal; Majesty in Council— and

(a) from any decree or final order passed on appeal by a High Court or by any other Court of final appellate jurisdiction ;

(b) from any decree or final order passed by a High Court in the exercise of original civil jurisdiction ; and

(c) from any decree or order, when the case, as hereinafter provided, is certified to be a fit one for appeal to His Majesty in Council.

Section 110

In each of the cases mentioned in clauses (a) and (b) of section 109, the amount or value of the subject-matter of the suit in the Court of first instance must be ten thousand rupees or upwards, and the amount or value of the subject-matter in dispute on appeal to His Majesty in Council must be the same sum or upwards,

or the decree or final o r d e r m u s t i n v o l v e, directly or indirectly, some claim or question

(c) with the leave of the appellate Court, against the sentence passed unless the sentence is one fixed by law.

(2) Notwithstanding anything contained in section

417, the Provincial Govern- ment may direct the Public Prosecutor to present an appeal to the High Court from any order of acquittal passed by the High Court in the exercise of its original criminal jurisdiction, and such appeal may, notwithstanding anything contained in section

418, or section 423, sub- section (2), or in the Letters Patent of any High Court, but, subject to the restrictions imposed by clause (b) and clause (c) of sub-section (1) of this section on an appeal against a conviction, lie on a matter of fact as well as a matter of law.

The Law of Criminal Procedure - Page 493

or the decree or final o r d e r m u s t i n v o l v e, directly or indirectly, some claim or question

(c) with the leave of the appellate Court, against the sentence passed unless the sentence is one fixed by law.

(2) Notwithstanding anything contained in section

417, the Provincial Govern- ment may direct the Public Prosecutor to present an appeal to the High Court from any order of acquittal passed by the High Court in the exercise of its original criminal jurisdiction, and such appeal may, notwithstanding anything contained in section

418, or section 423, sub- section (2), or in the Letters Patent of any High Court, but, subject to the restrictions imposed by clause (b) and clause (c) of sub-section (1) of this section on an appeal against a conviction, lie on a matter of fact as well as a matter of law.

(3) Notwithstanding any- thing elsewhere contained in any Act or Regulation, an appeal under this section shall be heard by a Division Court of