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Federal Court (Enlargement of Jurisdiction) Act, 1949

ACT No. I of 1950

(For Statement of Objects and Reasons, see Gaz. of P., 1949, Pt. V, p. 89.)

The Act has been (i) applied to Baluchistan, with certain modifications, see Gaz. of P.,1952, Pt. 1, p. 214; (ii) applied in the Federated Areas of Baluchistan, see ibid., 1953, Pt. 1, p. 152; and (iii) extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950).)

[13th January, 1950]

An Act to provide for the enlargement of the appellate jurisdiction of the Federal Court in civil cases

WHEREAS it is expedient to provide for the enlargement of the appellate jurisdiction of the Federal Court in civil cases;

It is hereby enacted as follows:—

1. Short title and commencement.-(1) This Act may be called the Federal Court (Enlargement of Jurisdiction) Act, 1949.

(2) It shall come into force on the first day of February, 1950, hereinafter referred to as “the appointed day”.

2. Definitions. In this Act,—

(a) “High Court” means a High Court to which the provisions of Chapter II of Part IX of the Government of India Act, 1935, apply, 26 Geo. 5, c. 2.;

(b) “judgment to which this Act applies” means any judgment, decree or final order of a High Court in a civil case from which a direct appeal could have been brought to His Majesty in Council, either with or without special leave, if this Act had not been passed.

3. Enlargement of the Federal Court’s jurisdiction. As from the appointed day,—

(a) an appeal shall lie to the Federal Court from any judgment to which this Act applies,—

(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 provisions of the Code of Civil Procedure, 1908, or of any other law in force immediately before the appointed day, and, V of 1908.

(ii) with the special leave of the Federal Court in any other case;

(b) in any such appeal as aforesaid it shall be competent for the Federal Court to consider any question of the nature mentioned in sub-section (1) of section 205 of the Government of India Act, 1935; and 26 Geo. 5, c. 2.

(c) no direct appeal shall lie to His Majesty in Council, either with or without special leave, from any such judgment.

4. Continuance of certain proceedings in High Courts. All proceedings and steps taken in, and orders made and certificates granted by, a High Court in connection with an appeal to His Majesty in Council from a judgment to which this Act applies shall, unless the records pertaining to such appeal have before the appointed day been transmitted by the High Court to His Majesty in Council, be deemed to be proceedings and steps taken, orders made, and certificates granted in connection with an appeal from that judgment to the Federal Court under this Act, and shall be included in or, as the case may be, have effect in relation to that appeal accordingly.

5. Pending applications for special leave to appeal. Every application to His Majesty in Council for special leave to appeal from a judgment to which this Act applies which has not been heard and decided before the appointed day shall on that day stand transferred to the Federal Court by virtue of this Act, and shall be heard and decided by that Court as if it had been an application made to that Court for special leave to appeal from that judgment.

6. Modification of existing laws. The provisions of the Code of Civil Procedure, 1908, and of any other law in force immediately before the appointed day relating to appeal in civil cases to His Majesty in Council shall, as from that day, have effect in relation to any appeal from a judgment to which this Act applies as if in the said provisions, for all references to His Majesty in Council, there were substituted references to the Federal Court V of 1908.

7. Savings. The preceding provisions of this Act shall not apply to any appeal,—

(a) which immediately before the appointed day awaits hearing before His Majesty in Council, if the records pertaining to such appeal have before that day been dispatched by the High Court concerned to His Majesty in Council; or

(b) to the bringing of which to His Majesty in Council special leave has been granted before the appointed day;

and any such appeal may be heard and decided by His Majesty in Council as if this Act had not been passed.

8. Registrar’s certificate of transmission conclusive. If any question arises whether the records pertaining to any appeal were transmitted by the High Court to His Majesty in Council before the appointed day the certificate of the Registrar of the High Court that they were or were not so transmitted shall be conclusive evidence on the question.

9. Power of Supreme Court to decide appeals from States. (New S. 9 added and shall be deemed to have taken effect on the fourteenth day of October, 1955, by the Federal Court (Enlargement of Jurisdiction) (Amdt.) Act, 1957 (10 of 1957), s. 2.)[(1) Every case or appeal from any High Court in any State pending before the Judicial Committee of that State on the thirteenth day of October, 1955, shall stand transferred to the Supreme Court and shall be heard and decided by that Court as if it were a case or an appeal pending before that Court from a judgment to which this Act applies.

(2) An appeal shall fie to the Supreme Court from any order or decree made by a High Court in any State which immediately before the fourteenth day of October, 1955 was appealable to .the Judicial Committee of that State and was not barred by the law for the time being in force relating to limitation as if it were an order or a decree made by a High Court from a judgment to which this .Act applies, and the period of limitation applicable to any such appeal shall be ninety days from the date of commencement of the Federal Court (Enlargement of Jurisdiction) (Amendment) Act, (Subs. and shall be deemed always to have been so subs. by the Federal Court (Enlargement of Jurisdiction) (Second Arndt) Act, 1957 (39 of 1957), s. 2, for the figures 1956”.)[1957] X of 1957:—

Provided that the Supreme Court may for sufficient cause extend the time.

(3) Any order made by the Judicial Committee of a State on any appeal or petition heard and decided by that Committee on or before the thirteenth day of October, 1955, shall for all purposes have effect as an order made by the Supreme Court in the exercise of its jurisdiction under this Act.

(4) In this section a reference to a State shall be construed as a reference to any of the following States merged in the Province of West Pakistan on the fourteenth day of October, 1955, namely, the States of Bahawalpur, Khairpur and the States included in the Baluchistan States Union, and a reference to the Judicial Committee of a State as a reference to the Judicial Committee set up in accordance with the laws in force in the State.]

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