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Start Free TrialGovernment of India Act, 1935 [Repealed] Section 179
Title: Legal Proceedings as to Certain Matters
State: Central
Year: 1935
.....the Secretary of State shall be deemed to be substituted in those proceedings for the Secretary of State in Council, and the provisions of sub-section (1) of this section shall apply in relation to sums ordered to be paid, and costs or expenses incurred, by the Secretary of State or the Secretary of State in Council in or in connection with any such proceedings as they apply in relation to sums ordered to be paid in, and costs or expenses incurred in or in connection with the defence of, proceedings brought against the Secretary of Slate under the said subsection (1). (3) Any contract made in respect of the affairs of the Federation or a Province by or on behalf of the Secretary of State after the commence-ment of Part III of this Act may provide that any proceedings under that contract shall be brought in the United Kingdom by or against the Secretary of State and any such proceedings may be brought accordingly, and any sum ordered to be paid by the Secretary of State by way of debt, damages or costs in any such proceedings, and any costs or expenses incurred by the Secretary of State in or in connection therewith, shall be paid out of the revenues of the Federation.....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 203
Title: Seat of Federal Court
State: Central
Year: 1935
(1) The Federal Court shall be a court of record and shall sit in Delhi and at such other place or places, if any, as the Chief Justice of India may, with the approval of the Governor-General, from time to time.
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 226
Title: Jurisdiction in Revenue Matters
State: Central
Year: 1935
(1) Until otherwise provided by Act of the appropriate legislature, no High Court shall have any original jurisdiction in any matter concerning the revenue, or concerning any act ordered or done in the collection thereof according to the usage and practice of the country or the law for the time being in force. (2) A Bill or amendment for making such provision as aforesaid shall not be introduced into or moved in a Chamber of the Federal or a Provincial Legislature without the previous sanction of the Governor-General in his discretion or, as the case may be, of the Governor in his discretion.
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 224
Title: Administrative Junctions of High Courts
State: Central
Year: 1935
(1) Every High Courtshall have superintendence over all courts in India for the time being subjectto its appellate jurisdiction, and may do any of the following things, that isto say,-- (a) call for returns; (b) make and issuegeneral rules and prescribe forms for regulating the practice and proceedings ofsuch courts; (c) prescribe formsin which books, entries and accounts shall be kept by the officers of any suchcourts; and (d) settle tables offees to be allowed to the sheriff, attorneys, and all clerks and officers ofcourts: Provided that suchrules, forms and tables shall not be inconsistent with the provision of any lawfor the time being in force, and shall require the previous approval of theGovernor. (2) Nothing in thissection shall be construed as giving to a High Court any jurisdiction toquestion any judgment of any inferior court which is not otherwise subject toappeal or revision.
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 223
Title: Jurisdiction of Existing High Courts
State: Central
Year: 1935
Subject to the provisions of this Part of this Act, to the provisions of any Order in Council made under this or any other Act of the appropriate Legislature enacted by virtue of powers conferred on that Legislature by this Act, the jurisdiction of and the law administered in, any existing High Court, and the respective powers of the judges thereof in relation to the administration of justice in the court, including any power to make rules of Court and to regulate the sittings of the Court and of members thereof sitting alone or in division courts, shall be the same as immediately before the commencement of Part III of this Act.
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 222
Title: Temporary and Additional Judges
State: Central
Year: 1935
.....being increased, the Governor-General2[in his discretion] may, subject to the foregoing provisions of this chapter with respect to the maximum number of judges, appoint persons duly qualified for appointment as judges to the additional judges of the Court for such period not exceeding two years as he may specify. ________________________ 1.Substituted, by the India (Provisional Constitution) Order, 1947, by the words-- 'permanently appointed' 2. Omitted, by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6. 3. Substituted, by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6., by the words "as acting chief justice".
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 221
Title: Salaries, Etc., of Judges
State: Central
Year: 1935
The judges of the several High Courts shall be entitled to such salaries and allowances, including allowances for expenses in respect of equipment and traveling upon appointment, and to such rights in respect of leave and pensions, as may from time to time be fixed by1[His Majesty in Council]:2 Provided that neither the salary of a judge, nor his rights in respect of leave of absence or pension, shall be varied to his disadvantage after his appointment. ________________________ 1. Substituted by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6., by the words--'order of the Governor-General'. 2. See the Government of India (High Court Judges) Order, 1937 [18-3-1937].
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 218
Title: Savings
State: Central
Year: 1935
Nothing in this chapter shall be construed as conferring, or empowering the Federal Legislature to confer, any right of appeal to the Federal Court in any case in which a High Court1[British India] is exercising jurisdiction on appeal from a court outside2[British] India, or as affecting any right of appeal in any such case to His Majesty in Council with or without leave. ________________________ 1. Omitted, by the India (Federal Court Judges) Act, 1942 (5 & 6 Geo. 6, Ch. 7)S. 1. 2. Substituted, by the India (Federal Court Judges) Act, 1942 (5 & 6 Geo. 6, Ch. 7)S. 1., by the word- "Governor-General".
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 217
Title: Construction of References to High Courts in States
State: Central
Year: 1935
References in any provision of this Part of this Act to a High Court in a Federated State shall be construed as reference to any court which1[His Majesty] may, after communication with the Ruler of the State, declare to be a High Court for the purposes of that provision. ________________________ 1. Substituted, by the India (Federal Court Judges) Act, 1942 (5 & 6 Geo. 6, Ch. 7)S. 1., by the word- "Governor-General".
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 216
Title: Expenses of Federal Court
State: Central
Year: 1935
(1) The administrative expenses of the Federal Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the revenues of the Federation, and any fees or other moneys taken by the court shall form part of those revenues. 1[(2) The Gevernor-General shall exercise his individual judgment as to the amount to be included in respect of the administrative expenses of the Federal Court in any estimates of expenditure laid by him before the chambers of the Federal Legislature.] ________________________ 1. Omitted, by the India (Federal Court Judges) Act, 1942 (5 & 6 Geo. 6, Ch. 7)S. 1.
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