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Section 9- Abolition of Privy Council Jurisdiction Act, 1949

Abolition of Privy Council Jurisdiction Act, 1949

 

 

9. Amendments of the Government of India Act, 1935.

 

(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 :-

 

“(1) 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 209of 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 the Code of Civil Procedure, 1908-,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 by the Federal Court”.

 

(3) In clause (a) of sub-section (3) of section 210of 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 214of the said Act, after sub-section (1) the following sub-section shall be inserted, namely :-

 

“(I A) Subject to the provisions of the Code of Civil Procedure, 1908-, 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.”

 

 

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Abolition of Privy Council Jurisdiction Act, 1949

 

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