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GOA, DAMAN AND DIU JUDICIAL COMMISSIONER'S COURT (DECLARATION AS HIGH COURT) ACT, 1964[REPEALED]

Ministry of Law and Justice

Act nº 16 of 1964


  • Act nº 16 of 1964

Preamble

GOA, DAMAN AND DIU JUDICIAL COMMISSIONER'S COURT (DECLARATION AS HIGH COURT) ACT, 1964

[Act, No. 16 of 1964]

[16th May, 1964]

PREAMBLE

An Act to declare the Judicial Commissioner's Court for Goa, Daman and Diu to be a High Court for certain purposes of the Constitution.

BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows: -

Section 1. Short title and commencement

(1) This Act may be called the Goa, Daman and Diu Judicial Commissioner's Court (Declaration as High Court) Act, 1964.

(2) It shall be deemed to have come into force on the date of commencement of the Goa, Daman and Diu (Judicial Commissioner's Court) Regulation, 1963,1

1. The said Regulation came into force on 16.12.1963.


Section 2. Definition

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

Section 3. Declaration of Goa, Daman and Diu Judicial Commissioner's Court as High Court for certain purposes

The Court of the Judicial Commissioner for the Union territory of Goa, Daman and Diu (hereinafter referred to as the Judicial Commissioner's Court) is hereby declared to be a High Court for the purposes of Articles 132,133 and 134.

Section 4. Appeals to the Supreme Court not to be barred on account 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 the Judicial Commissioner's Court notwithstanding that such judgment, decree or final order is that of a single Judge.

Section 5. Appeals to Supreme Court from judgment, decree, etc., passed or made by Judicial Commissioner's Court

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 entered, an appeal shall lie to that Court from a judgment, decree or final order of the Judicial Commissioner's 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:

PROVIDED that an appeal may be preferred within ninety days from the date of passing of this Act from a judgment, decree, final order or sentence passed or made by the Judicial Commissioners Court before that date.

Section 6. Exceptions and modifications subject to which the provisions of Chapter V of Part VI of the Constitution apply to the Judicial Commissioner's Court

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

(a) The provisions of Articles 216, 217, 218, 220, 221, 222, 223, 224, 224A, 225, 230 and 231 shall not apply;

(b) References -

(i) 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 of Goa, Daman and Diu;

(ii) In Articles 219 and 229 to the State (except in the expression "the State Public Service Commission") shall be construed as references to the Union territory of Goa, Daman and Diu;

(c) The reference to the State Public Service Commission in the proviso to clause (1) of Article 229 shall be construed as a reference to the Union Public Service Commission.

Section 7. Appeals to lie to the Supreme Court from judgment, decree, etc., passed or made by Tribunal de Relacao

Any person aggrieved-

(a) By any judgment, decree, order or sentence of the Tribunal de Relacao passed or made before the 20th December, 1961, against which an appeal would lie to a superior Court in Portugal in accordance with law but could not be preferred by reason of Goa, Daman and Diu becoming part of the territory of India, or against which an appeal having been preferred to a superior Court in Portugal in accordance with law had not been disposed of before the said date; or

(b) By any judgment, decree, order or sentence of the Tribunal de Relacao passed or made on or after the 20th December, 1961,

may, within ninety days from the date of passing of this Act, prefer an appeal from such judgment, decree, order or sentence to the Supreme Court as if such judgment, decree, order or sentence had been passed or made by the Judicial Commissioner's Court.

Section 8. Repeal of section 7 of Act 1 of 1962

Section 7 of the Goa, Daman and Diu (Administration) Act, 1962, is hereby repealed.

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.