Indian Law Reports Act, 1875 [2 of 1875] [Repealed]
[Act 2 of 1875]???????
[19th January, 1875]
Repealed by Act 18 of 1875
Passed by the Governor General of India in
Council.
(Received the assent of the Governor General on the 19th January 1875)
An Act to
diminish the multitude and improve the quality of Law Reports, and to extend
the area of their authority.
PREAMBLE
Preamble.? Whereas it is expedient to diminish
the multitude and expense of the law reports published in British India, and to
improve their quality, and to extend the local limits of the authority of
properly reported decisions of the High Courts of Judicature established under
the twenty-fourth and twenty-fifth of
Victoria, cap. 104:
And whereas with a view to furthering these objects, the Governor
General in Council proposes to authorize the publication of reports of cases
decided by the said High Courts, to be called the Indian Authorized Law
Reports; It is hereby enacted as follows:?
Section 1. Short title.
This Act may be called ?The Indian Law Reports Act,
1875:?
Local extent.? It
extends to the whole of British India;
Commencement.? And
it shall come into force on such day as the Governor General in Council
notifies in this behalf in the Gazette of India.
Section 2. Limits of authority of
authorized report extended.
Every judgment delivered on or after such day by any of
the said High Courts (whether by a Judge sitting alone, or by a Division Court,
or by a Full Bench) and reported in the said Indian Authorized Law Reports,
shall have the same authority in all subordinate Courts beyond the limits of
the appellate jurisdiction of such High Court as, independently of this Act, it
would have within such limits.
Section 3. Authority given only to
authorized reports after passing of Act.
No Court shall be bound to hear cited, or shall receive
or treat as an authority binding on it, the report of any case decided by any
of the said High Courts on or after the said day, other than a report published
under the authority of the Governor General in Council.
Section 4. Authority of judicial
decisions.
Save as provided by section two, nothing herein contained
shall be construed to give to any judicial decision any further or other
authority than it would have had if this Act had not been passed.