ABOLITION OF PRIVY COUNCIL
JURISDICTION ACT, 1949 [REPEALED] ABOLITION
OF PRIVY COUNCIL JURISDICTION ACT, 1949 [Act, No.
5 of 1949] An Act to abolish the
jurisdiction of His Majesty in Council in respect of Indian appeals and
petitions. WHEREAS it is expedient to
abolish the jurisdiction of His Majesty in Council in respect of Indian appeals
and petitions, and to confer a corresponding jurisdiction on the Federal Court
of India. It is hereby enacted as
follows: (1)
This Act may be called The Abolition of Privy Council Jurisdiction
Act, 1949. (2)
It shall come into force on the tenth day of October 1949, which
day is hereinafter referred to as "the appointed day". (1)
As from the appointed day, the jurisdiction of His Majesty in
Council to entertain, and save as hereinafter provided to dispose of appeals
and petitions from, or in respect of, any judgment, decree or order of any
court or tribunal (other than the Federal Court) within the territory of India,
including appeals and petitions in respect of criminal matters, whether such
jurisdiction is exercisable by virtue of His Majesty's prerogative or
otherwise, shall cease. (2)
The appeals and petitions aforesaid are hereinafter referred to as
"Indian appeals" and "Indian petitions" respectively. (1)
Sections
208 and 218 of the Government of India Act, 1935, are hereby repealed. (2)
Any legal proceedings pending by virtue of the said section 208
immediately before the appointed day, whether before His Majesty in Council or
the Federal Court, shall by virtue of this Act abate on the appointed day. Nothing contained in shall
affect the jurisdiction of His Majesty in Council to dispose of- (a)
any Indian appeal or petition on which the Judicial Committee of
the Privy Council has before the appointed day delivered judgment or, as the
case may be, reported to His Majesty, but which has not been determined by an
Order in Council of His Majesty; or (b)
any Indian appeal or petition on which the Judicial Committee has
after hearing the parties, reserved judgment or order; or (c)
any Indian appeal which has been entered before the appointed day
in the list of business of the Judicial Committee for the Michaelmas sittings
of the year 1949 and which after that day is not directed to be removed there
from, by or under the authority of the Judicial Committee; or (d)
any Indian petition which has been lodged before the appointed day
in the Registry of the Privy Council. (1)
As from the appointed day, the Federal Court shall, in addition to
the jurisdiction conferred on it by the Government of India Act, 1935, and the
Federal Court (Enlargement of Jurisdiction) Act, 1947, but subject to the
provisions of this section, have the same jurisdiction to entertain and dispose
of Indian appeals and petitions as His Majesty in Council has, whether by
virtue of His Majesty's prerogative or otherwise, immediately before the
appointed day. (2)
Notwithstanding anything contained in sub-section (1), of this
section, the Federal Court shall have no jurisdiction in respect of any such
appeal or petition as is referred to in:- PROVIDED that where, upon
any such petition as aforesaid, special leave to appeal to His Majesty in
Council is granted after the appointed day, all further steps to betaken in the
appeal shall be taken in, and the appeal shall be disposed of by, the Federal
Court as if the special leave to appeal had been granted on a petition made to
that court. (3) If any
question arises whether an appeal or petition is an appeal or petition of the
nature referred to in clause (a), (b), (c) or (d) of-, a certificate of the
Registrar of the Privy Council shall be conclusive evidence on the question. All proceedings in respect of any Indian appeals
pending before His Majesty in Council immediately before the appointed day,
except those referred to in, shall by virtue of this Act stand transferred to
the Federal Court, and shall be disposed of by it in the exercise of the
jurisdiction conferred on it by this Act. All proceedings and steps taken in, and orders
made and certificates granted by, a High Court in connection with an Indian
appeal or petition shall, except in the case of any such appeal or petition as
is referred to in, be deemed to be in connection with an appeal or petition to
the Federal Court from, or in respect of, the same judgment, decree or order
under the provisions of this Act, and shall be concluded, or as the case may
be, have effect accordingly. Any order of His Majesty in Council made on an
Indian appeal or petition, whether before, on or after the appointed day, shall
for all purposes have effect, not only as an order of His Majesty in Council,
but also as if it were an order or decree made by the Federal Court in the
exercise of the jurisdiction conferred by this Act. (1) In section 205 of
the Government of India Act, 1935, (hereinafter referred to as the said Act),
for sub-section (2) the following sub-section shall be substituted, namely: - "(2) Where such certificate is
given, any party in a case may appeal to the Federal Court on the ground that
any question as aforesaid has been wrongly decided and with the leave of the
Federal Court, on any other ground". (2) In section
209 of the said Act, for sub-sections (1) and (2) the following
sub-section shall be substituted, namely: - "(1) The Federal Court in the
exercise of its appellate jurisdiction may pass such decree or make such order
as is necessary for doing complete justice in any cause or matter pending
before it, including an order for the payment of costs, and any decree so
passed or order so made shall be enforceable throughout the territory of India
in the manner provided in that behalf in, or in such other manner as may be
prescribed by or under a law of the Dominion Legislature, or subject to the
provisions of any such law, in the manner prescribed by rules made byte Federal
Court". (3)
In
clause (a) of sub-section (3) of section 210 of the said Act, for the
word, brackets and figure "sub-section (2)", the word, brackets and
figure "sub-section (1)"shall be substituted. (4)
In section
214 of the said Act, after sub-section (1) the following sub-section shall
be inserted, namely: - "(IA) Subject to the
provisions of, or any law made by the Dominion Legislature, the Federal Court
may also from time to time, with the approval of the Governor-General, make
rules of court for regulating the manner in which any decree passed or order
made by it in exercise of its appellate jurisdiction may be enforced." The provisions of-, and of any other law in
force on the appointed day relating to Indian appeals and petitions shall as from
that day have effect, except in relation to the appeals and petitions referred
to in, as if in the said provisions, for all references to His Majesty in
Council, there had been substituted references to the Federal Court. THE JUDICIAL ADMINISTRATION LAWS (REPEAL)ACT,
2001 [Act,No. 22 of 2001] [29th August, 2001] PREAMBLE An act to repeal the Civil Courts Amins Act,
1856 and certain other enactments. Beit enacted by Parliament in the Fifty-second Year of the
Republic of India as follows:-- 1. Short title This Act may be called
the Judicial Administration Laws (Repeal) Act, 2001. 2. Repeal The
enactments specified in the Schedule are hereby repealed. THE SCHEDULE (See section 2) repeal of enactments Year No. Subject
or short title (1) (2) (3) 1856 12 The Civil Courts Amins Act, 1856. 1886 23 The
Bombay High Court (Letters Patent) Act, 1866. 1866 25 The
Unclaimed Deposits Act, 1866. 1867 16 The
Acting Judges Act, 1867. 1869 13 The
Procedure of the High Court for Uttar Pradesh. 1870 5 The
Unclaimed Deposits Act, 1870. 1877 4 The
Presidency Magistrates (Court-fees) Act, 1877. 1919 9 The
Punjab Courts (Supplementing) Act, 1919. 1937 25 The
Federal Court Act, 1937. 1948 1 The
Federal Court (Enlargement of Jurisdiction) Act, 1947. 1849 Constituent Assembly Act V The
Abolition of Privy Council Jurisdiction Act, 1949, 1949 Rajasthan Ord. XV The
Rajasthan High Court Ordinance, 1949. 1950 15 The
Judicial Commissioners' Courts (Declaration as High Courts)Act, 1950. 1950 41 The
Bhopal and Vindhya Pradesh (Courts) Act, 1950. 1952 72 The
Mysore High Court (Extension of Jurisdiction to Coorg) Act, 1952. 1953 44 The
Manipur Court-fees (Amendment and Validation) Act, 1953. 1964 16 The
Goa, Daman and Diu Judicial Commissioner's Court (Declaration as High Court)
Act, 1964.
Preamble 1 - ABOLITION OF PRIVY COUNCIL JURISDICTION ACT, 1949PREAMBLE