cover image: The Calcutta Weekly Notes  January 12  1948

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The Calcutta Weekly Notes January 12 1948

1948

The Bill provides for the enlargement of the appellate jurisdiction of the 2$"LII.1 THE CALCUTTA WEEKLY NOTES. [...] Although owing to the litnitations iposed_ by the existing constitution appeals to the Privy Council cannot altogether be excluded by means of this Bill it will when enacted have the effect of stoping the further flow of direct appeals to the Privy Council in civil eases and prepare the way for the abolition in due course of all apieals to that body. [...] The Bill however does not interfere with appeals which are pending before the Privy Council and the records of which have been transmitted to England by the Hign Court concerned now with appeals to the bringing to which special leave may have been granted by the Privy (1o:.ncil before the coming into force of this law. [...] As from the appointed day — (a) an appeal shall lie to the Federal Court from any judgment to which this Act applie(i) Without the special leave of the Federal Court if an appeal could have been brought to His Majesty in Council without special leave under the provsions of the Code of Civil Procedure 1908 or of any other law in force imediately before the appointed day and (ii) With t [...] An iterval of six or seven weeks is necessary not only to give the Courts and litigants concerned as long a notice as possible of the proposed change in the forum of appeals but also to enable the Federal Court and the High Courts to make the necessary rules for regulaing procedure.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes January 12 1948
xxvii-xxx unknown view

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