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Start Free TrialGovernment of India Act, 1935 [Repealed] Section 50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View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 204
Title: Original Jurisdiction of Federal Court
State: Central
Year: 1935
.....to say, theFederation, any of the Provinces or any of the Federated States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends: Provided that the said jurisdiction shall not extend to-- (a) a dispute to which a State is a party, unless the dispute- (i) concerns the interpretation of this Act or of an Order in Council made thereunder,1or the ertent of the legislative or executive authority vested in the Federation by virtue of the Instrument of Accession of that State; or (ii) arises under an agreement made under Part VI of this Act in relation to the administration in that State of a law of the Federal Legislature, or otherwise concerns some matter with respect to which the Federal Legislature has power to make laws for that State; or (iii) arises under an agreement made after the establishment of the Federation, with the approval of His Majesty's Representative for the exercise of the functions of the Crown in its relations with Indian States, between that State and the Federation or a Province, being an agreement which expressly provides that the said jurisdiction shall extend to such.....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 227
Title: Proceedings of High Courts to Be in English
State: Central
Year: 1935
All proceedings in every High Courtshall be in the English language.
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".
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