cover image: The Calcutta Weekly Notes  Monday  April 19  1943

Premium

20.500.12592/zm9fxk

The Calcutta Weekly Notes Monday April 19 1943

1943

They were that the Federal Court was the Supreme Court of India which was not subordinate to any ether Court and the establishment of which mared a new stage in India’s constitutional evolution; that this conception of its status was reflected in the provision which gave to the Court itself the right to say whether it.would permit cases which came before it on appeal to be reviewed elsewhere; t [...] Broadly speaking the basis of the above reasons consists of two planks: the alleged status of the Federal Court and (2) the Court’s own opinion of its own decsions. [...] Under the relevant statute the right of appeal from the Australian High Court is not the rule but an exception and the provision is that no appeal shall lie unless the High Court grants a certificate which is to be granted only if the High Court is satisfied that some special reason exists. [...] The provision is therefore a positive one— an appeal shall lie " and the right to grant leave to appeal is not circumscribed as in the case of the Australian Court by insistence on the existence of a special reason. [...] But far more significant is the provision that an appeal lies from original -decisions of the Court as a matter of course unconditioned by any leave and it is difficult to see how in the Uce of that provision it can be supposed that the framers of the constitution intened to make the Federal Court the Supreme Court of the country in the Australian sense.
law
Pages
2
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday April 19 1943
xlv-xlvi unknown view

Related Topics

All