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Start Free TrialGovernment of India Act, 1935 [Repealed] Section 50
Title: Council of Ministers
State: Central
Year: 1935
(1) There shall be a council of ministers to aid and advice the Governor in the exercise of his functions1except in so far as he is by or under this Act required to exercise his functions or any of them in his discretion: Provided that nothing in this sub-section shall be construed as preventingthe Governor from exercising his individual judgment in any case whereby or under this Act he is required so to do. (2) The Governor in his discretion may preside at meetings of the council of ministers. (3) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Act required to act in his discretion or to exercise his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion, or ought or ought not to have exercised his individual judgment.] _________________________ 1. The words within brackets were omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, para. 3.
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 214
Title: Rules of Court, Etc.
State: Central
Year: 1935
.....for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or brought for the purpose of delay. (2) Rules made under this section may fix the minimum number of Judges who are to sit for any purposes, so however that no case shall be decided by less than three Judges : Provided that, if the Federal Legislature makes such provision as is mentioned in this chapter for enlarging the appellate jurisdiction of the court, the rules shall provide for the constitution of a special division of the court for the purpose of deciding all cases which would have been within the jurisdiction of the court even if its jurisdiction had not been so enlarged. (3) Subject to the provisions of any rules of court, the Chief Justice of India shall determine what Judges are to constitute any division of the court and what Judges are to sit for any purpose. (4) No judgment shall be delivered by the Federal Court save in open court and with the concurrence of a majority of the judges present at the hearing of the case, but nothing in this sub-section shall be deemed to prevent a Judge who does not concur from delivering a dissenting judgment. (5) All.....
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 220
Title: Constitution of High Courts
State: Central
Year: 1935
.....by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6., by the words--' the Governor-General may by order fix". 3. The Government of India (High Court Judges) Order, 1937 [18-3-1937]. 4. Added and deemed to have been so added immediately before the passing of the Act by the India (Miscellaneous Provisions) Act, 1944 (7 & 8 Geo. 6, Ch. 38), Ss. 2 and 6(1). 5. Omitted, by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6. 6. Inserted, by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6., after this-- "and in computing the period during which a person has served as a judge of a High Court, or been a pleader of a High Court, or held judicial office in India, any period before the establishment of the Dominion during which the person has served as a judge or been a pleader of a High Court in British India or has held judicial office in India, as the case may be, shall be included".
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 219
Title: Meaning of "high Court"
State: Central
Year: 1935
.....India.5 ________________________ 1.Substituted, by the India (Federal Court Judges) Act, 1942 (5 & 6 Geo. 6,Ch. 7)S. 1., by the following-- "Patna andNagpur, the High Court of East Punjab, the Chief Court to Oudh". 2.Substituted, by the India (Federal Court Judges) Act, 1942 (5 & 6 Geo. 6,Ch. 7)S. 1., by the words-- "an Act of theappropriate Legislature". 3.Substituted by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4Geo. 6, Ch. 5), S. 6. 4.Substituted, by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and4 Geo. 6, Ch. 5), S. 6., by the words-- "is made by HisMajesty by Letters Patent for the establishment of a High Court to replace anycourt or courts mentioned in this sub-section, then, as from". 5.Sub-sec. (3) was added, by the India and Burma (Miscellaneous Amendments) Act,1940 (3 and 4 Geo. 6, Ch. 5), S. 6., as follows-- "In thisChapter, 'India' means the territories comprised in the Governors'Provinces andChief Commissioners' Provincees, and does not include anyAcceding State"
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.
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 215
Title: Ancillary Powers of Federal Court
State: Central
Year: 1935
1 [215.Ancillary powers of Federal Court The FederalLegislature may make provision by Act for conferring upon the Federal Courtsuch supplemental powers not inconsistent with any of the provisions this Act asmay appear to be necessary or desirable for the purpose of enabling the courtmore effectively to exercise the jurisdiction conferred upon it by or under thisAct. ________________________ 1.This section came into force on 29-7-1937, under Government of India (FederalCourt) Order, 1937, para 3.
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 213
Title: Power of Governor-general to Consult Federal Courts
State: Central
Year: 1935
(1) If at any time it appears to the Governor-General that a question of law has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expendient to obtain the opinion of the Federal Court upon it, he may1[in his discretion] refer the question to that court for consideration, and the courtmay, after such hearing as they think fit, report to the Governor-Generalthereon. (2) No report shall be made under this section save in accordance with an opinion delivered in open court with the concurrence of a majority of the judges present at the hearing to the case, but nothing in this sub-section shall be deemed to prevents a judge who does not concur from delivering a dissenting opinion. ________________________ 1. Omitted by the India (Federal Court Judges) Act, 1942 (5 & 6 Geo. 6, Ch. 7)S. 1.
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