— Pre-requisites for admission of appeal — Scope — The provisions of S. 13 of the Gas (Theft Control & Recovery) Act, 2016 are special to override the general provisions, conferring jurisdiction of appeal to High Court — Rule 11 of Order XLI of CPC envisages dismissal of appeal, without sending notice to lower court, however, the special provisions under S. 13 are more stringent, as assumption of jurisdiction is stipulated with a reasoned order for admission of appeal and that too, only to the extent of admitted ground of appeal, because phrase “in part or in whole” narrows the scope of appeal further — Since, special procedure for admission of appeal is provided in S. 13 of the Gas (Theft Control & Recovery) Act, 2016, therefore, under its S. 5(3) general provision under CPC, contrary to special procedure for admission of appeal shall not be applicable. [2024 CLS 19 = 2024 CLC 164 = 2022 LHC 6389]

— Pre-requisites for admission of appeal — Scope — The provisions of S. 13 of the Gas (Theft Control & Recovery) Act, 2016 are special to override the general provisions, conferring jurisdiction of appeal to High Court — Rule 11 of Order XLI of CPC envisages dismissal of appeal, without sending notice to lower court, however, the special provisions under S. 13 are more stringent, as assumption of jurisdiction is stipulated with a reasoned order for admission of appeal and that too, only to the extent of admitted ground of appeal, because phrase “in part or in whole” narrows the scope of appeal further — Since, special procedure for admission of appeal is provided in S. 13 of the Gas (Theft Control & Recovery) Act, 2016, therefore, under its S. 5(3) general provision under CPC, contrary to special procedure for admission of appeal shall not be applicable. [2024 CLS 19 = 2024 CLC 164 = 2022 LHC 6389]