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Section 5 – Abolition of Privy Council Jurisdiction Act, 1949

Abolition of Privy Council Jurisdiction Act, 1949

 

 

5. Conferment of corresponding jurisdiction on Federal Court.

 

(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 insertion 4-: 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 section 4-, a certificate of the Registrar of the Privy Council shall be conclusive evidence on the question.

 

 

 

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Abolition of Privy Council Jurisdiction Act, 1949

 

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