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JUDICIAL COMMISSIONERS COURTS (DECLARATION AS HIGH COURTS) ACT, 1950[REPEALED]

Ministry of Law and Justice

Act nº 15 of 1950


  • Act nº 15 of 1950

Preamble

JUDICIAL COMMISSIONERS' COURTS (DECLARATION AS HIGH COURTS) ACT, 1950

[Act, No. 15 of 1950]

[10th March, 1950]

PREAMBLE

An Act to declare certain Judicial Commissioners' Courts to be High Courts for certain purposes of the Constitution.

BE it enacted by Parliament as follows: -

Section 1. Short title and commencement

(1) This Act may be called The Judicial Commissioners' Courts (Declaration as High Courts) Act, 1950.

(2) It shall be deemed to have come into force on the 26th day of January, 1950.

Section 2. Definition

In this Act, "article" means an article of the Constitution.

Section 3. Declaration of certain Courts as High Courts for certain purposes

The Courts of the Judicial Commissioners for1[***], Manipur and Tripura (each of which is hereafter referred to as a Judicial Commissioner's Court) is hereby declared to be a High Court for the purposes of Articles 132, 133 and 134].

1. The words 'Himachal Pradesh' omitted by Delhi High Court Act, 1966 (Act 26 of 1966) w.e.f 01.05.1967.


Section 4. Appeals to the Supreme Court not to be barred on ground of judgment, etc., being of a single Judge

An appeal shall lie to the Supreme Court under the provisions of Article 133 from any judgment, decree or final order of a Judicial Commissioner's Court notwithstanding that such judgment, decree or final order is that of a single Judge.

Section 5. Appeals to lie to the Supreme Court from judgment, decree, etc., whether passed or made before or after the commencement of the Act

Subject to any rules made under Article 145 or any other law as to the time within which appeals to the Supreme Court are to be altered, an appeal shall lie to that Court from a judgment, decree or final order of a Judicial Commissioners Court, under the provisions of Article 132 or Article 133, or from a judgment, final order or sentence of such Court under the provisions of Article 134 whether such judgment, decree, final order or sentence, as the case may be, was passed or made before or after the commencement of this Act.

Section 6. Exception and modification subject to which the provisions of Chapter V of Part VI of the Constitution apply to the Judicial Commissioner's Courts

The provisions of Chapter V of Part VI of the Constitution shall, in their application to a Judicial Commissioners Court, have effect subject to the following exceptions and modifications, namely: -

(a) the provisions of Articles 216, 217, 218, 220, 221, 222, 223, 224, 230 and 231 shall not apply;

(b) references in Article 219, in the proviso to clause (3) of Article 227 and in Article 229 to the Governor shall be construed as references to the administrator of the Union territory in relation to which that Court exercises jurisdiction.

Repealing Act1
Judicial Administration Laws (Repeal) Act 2001

THE JUDICIAL ADMINISTRATION LAWS (REPEAL) ACT, 2001

[Act, No. 22 of 2001]

[29th August, 2001]

PREAMBLE

An act to repeal the Civil Courts Amins Act, 1856 and certain other enactments.

Be it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:--

1. Short title

This Act may be called the Judicial Administration Laws (Repeal) Act, 2001.

2. Repeal

The enactments specified in the Schedule are hereby repealed.

THE SCHEDULE

(See section 2)

repeal of enactments

Year

No.

Subject or short title

(1)

(2)

(3)

1856

12

The Civil Courts Amins Act, 1856.

1886

23

The 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, 1953.

1964

16

The Goa, Daman and Diu Judicial Commissioner's Court (Declaration as High Court) Act, 1964.