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Abolition of Privy Council Jurisdiction Act, 1949 [Repealed] Section 4

Title: Continuance of Privy Council Jurisdiction in Certain Pending Cases

State: Central

Year: 1949

Nothing contained in shall affect the jurisdiction of His Majesty in Council to dispose of- (a) any Indian appeal or petition on which the Judicial Committee of the Privy Council has before the appointed day delivered judgment or, as the case may be, reported to His Majesty, but which has not been determined by an Order in Council of His Majesty; or (b) any Indian appeal or petition on which the Judicial Committee has after hearing the parties, reserved judgment or order; or (c) any Indian appeal which has been entered before the appointed day in the list of business of the Judicial Committee for the Michaelmas sittings of the year 1949 and which after that day is not directed to be removed there from, by or under the authority of the Judicial Committee; or (d) any Indian petition which has been lodged before the appointed day in the Registry of the Privy Council.

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Abolition of Privy Council Jurisdiction Act, 1949 [Repealed] Preamble 1

Title: Abolition of Privy Council Jurisdiction Act, 1949

State: Central

Year: 1949

ABOLITION OF PRIVY COUNCIL JURISDICTION ACT, 1949 [Act, No. 5 of 1949] PREAMBLE An Act to abolish the jurisdiction of His Majesty in Council in respect of Indian appeals and petitions. WHEREAS it is expedient to abolish the jurisdiction of His Majesty in Council in respect of Indian appeals and petitions, and to confer a corresponding jurisdiction on the Federal Court of India. It is hereby enacted as follows:

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Abolition of Privy Council Jurisdiction Act, 1949 Complete Act

State: Central

Year: 1949

.....of this Act stand transferred to the Federal Court, and shall be disposed of by it in the exercise of the jurisdiction conferred on it by this Act. SECTION 07: CONTINUANCES OF CERTAIN PROCEEDINGS IN HIGH COURT All proceedings and steps taken in, and orders made and certificates granted by, a High Court in connection with an Indian appeal or petition shall, except in the case of any such appeal or petition as is referred to in (section 4) be deemed to be in connection with an appeal or petition to the Federal Court from, or in respect of, the same judgment, decree or order under the provisions of this Act, and shall be concluded, or as the case may be, have effect accordingly. SECTION 08: EFFECTS OF ORDERS OF HIS MAJESTY IN COUNCIL Any order of His Majesty in Council made on an Indian appeal or petition, whether before, on or after the appointed day, shall for all purposes have effect, not only as an order of His Majesty in Council, but also as if it were an order or decree made by the Federal Court in the exercise of the jurisdiction conferred by this Act. SECTION 09: AMMENDMENTS OF THE GOVERNMENT OF INDIA ACT, 1935 (1) In section 205 of the Government of India.....

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Abolition of Privy Council Jurisdiction Act, 1949 [Repealed] Section 1

Title: Short Title and Commencement

State: Central

Year: 1949

(1) This Act may be called The Abolition of Privy Council Jurisdiction Act, 1949. (2) It shall come into force on the tenth day of October 1949, which day is hereinafter referred to as "the appointed day".

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Abolition of Privy Council Jurisdiction Act, 1949 [Repealed] Section 5

Title: Conferment of Corresponding Jurisdiction on Federal Court

State: Central

Year: 1949

.....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 in:- 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-, 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 [Repealed] Repealing Act 1

Title: Judicial Administration Laws (Repeal) Act, 2001

State: Central

Year: 1949

.....Bombay High Court (Letters Patent) Act, 1866. 1866 25 The Unclaimed Deposits Act, 1866. 1867 16 The Acting Judges Act, 1867. 1869 13 The Procedure of the High Court for Uttar Pradesh. 1870 5 The Unclaimed Deposits Act, 1870. 1877 4 The Presidency Magistrates (Court-fees) Act, 1877. 1919 9 The Punjab Courts (Supplementing) Act, 1919. 1937 25 The Federal Court Act, 1937. 1948 1 The Federal Court (Enlargement of Jurisdiction) Act, 1947. 1849 Constituent Assembly Act V The Abolition of Privy Council Jurisdiction Act, 1949, 1949 Rajasthan Ord. XV The Rajasthan High Court Ordinance, 1949. 1950 15 The Judicial Commissioners' Courts (Declaration as High Courts)Act, 1950. 1950 41 The Bhopal and Vindhya Pradesh (Courts) Act, 1950. 1952 72 The Mysore High Court (Extension of Jurisdiction to Coorg) Act, 1952. 1953 44 The Manipur Court-fees (Amendment and Validation) Act,.....

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Abolition of Privy Council Jurisdiction Act, 1949 [Repealed] Section 2

Title: Abolition of Privy Council Jurisdiction

State: Central

Year: 1949

(1) As from the appointed day, the jurisdiction of His Majesty in Council to entertain, and save as hereinafter provided to dispose of appeals and petitions from, or in respect of, any judgment, decree or order of any court or tribunal (other than the Federal Court) within the territory of India, including appeals and petitions in respect of criminal matters, whether such jurisdiction is exercisable by virtue of His Majesty's prerogative or otherwise, shall cease. (2) The appeals and petitions aforesaid are hereinafter referred to as "Indian appeals" and "Indian petitions" respectively.

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Abolition of Privy Council Jurisdiction Act, 1949 [Repealed] Complete Act

Title: Abolition of Privy Council Jurisdiction Act, 1949 [Repealed]

State: Central

Year: 1949

Preamble1 - ABOLITION OF PRIVY COUNCIL JURISDICTION ACT, 1949 Section1 - Short title and commencement Section2 - Abolition of Privy Council Jurisdiction Section3 - Repeal Section4 - Continuance of Privy Council jurisdiction in certain pending cases Section5 - Conferment of corresponding jurisdiction on Federal Court Section6 - Transfer of pending appeals to the Federal Court Section7 - Continuance of certain proceedings in High Court Section8 - Effect of orders of His Majesty in Council Section9 - Amendments of the Government of India Act, 1935 Section10 - Modification of existing laws Repealing Act1 - JUDICIAL ADMINISTRATION LAWS (REPEAL) ACT, 2001

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Abolition of Privy Council Jurisdiction Act, 1949 [Repealed] Section 8

Title: Effect of Orders of His Majesty in Council

State: Central

Year: 1949

Any order of His Majesty in Council made on an Indian appeal or petition, whether before, on or after the appointed day, shall for all purposes have effect, not only as an order of His Majesty in Council, but also as if it were an order or decree made by the Federal Court in the exercise of the jurisdiction conferred by this Act.

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Abolition of Privy Council Jurisdiction Act, 1949 [Repealed] Section 10

Title: Modification of Existing Laws

State: Central

Year: 1949

The provisions of-, and of any other law in force on the appointed day relating to Indian appeals and petitions shall as from that day have effect, except in relation to the appeals and petitions referred to in, as if in the said provisions, for all references to His Majesty in Council, there had been substituted references to the Federal Court.

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