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Which of the following is true?
Section 38 provides for Appeals from District Judges or Additional Judges
Section 39 provides for Appeals from Subordinate Judges
Both (a) and (b)
Neither (a) nor (b)
Section 38 of Punjab Courts Act –
38. Appeals from District Judges or Additional Judges—(1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of a District Judge or 11[11][Additional District Judge] exercising original jurisdiction shall lie to the High Court. (2) An appeal shall not lie to the High Court from a decree or order of an 1[Additional District Judge] in any case in which, if the decree or order had been made by the District Judge, an appeal would not lie to that Court.
39. Appeals from Subordinate Judges—(1) Save as aforesaid, as appeal from a decree or order of a Subordinate Judge shall lie: 12[12][(a) to the District Judge— (i) Where the decree or order was made before the extension of the Punjab Courts (Amendment) Act, 1963 to the Union Territory of Delhi and the value of the original suit in which the decree or order was made did not exceed five thousand rupees, or (ii) Where the decree or order is made after the extension of the Punjab Courts (Amendment) Act, 1963 to the Union Territory of Delhi and the value of the original suit in which the decree or order is made does not exceed ten thousand rupees, 13[13][or] 14[14][(iii) where the decree or order is made after the commencement of the Delhi High Court (Amendment) Act, 1991 and the value of the original suit in which the decree or order is made does not exceed rupees one lakh; 15[15][or] 16[16][(iv) where the decree or order is made after the commencement of the Delhi High Court (Amendment) Act, 2003 and the value of the original suit, in which the decree or order is made does not exceed rupees three lakh; and] (b) to the High Court in any other case. 17[17][(2) subject to the provisions of sub-section 2A, an appeal to the Court or the District Judge shall be heard by the District Judge or by an Additional District Judge. (2A) An Additional District Judge shall hear only such appeals as the High Court, by general or special order may direct or as the District Judge of the District may make over to him.] (3) The High Court may by notification direct that appeals lying to the district Court from all or any of the decrees or orders passed in an original suit by any Subordinate Judge shall be preferred to such other Subordinate Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly and the Court of such other Subordinate Judge shall be deemed to be a District Court for the purpose of all appeals so preferred.
By: Parvesh Mehta ProfileResourcesReport error
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