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Report No. 44

12. Position in other countries.-

We have looked at the laws of some other countries to ascertain if there are comparable provisions for appeals to the highest court of the land.1 In England, an appeal to the House of Lords needs leave from the court of appeal or from the House itself. Conditions in India are, of course, not the same as in England; but the English experience is valid to show that such an arrangement can work without difficulty. Some countries like Australia, Canada and Switzerland still retain the valuation test for appeals to the highest Tribunal, while in other countries like France, West Germany, U.S.A. and U.S.S.R., the value of the subject-matter is not relevant.

1. See Appendix 1, para. 14 and Annexure B to that Appendix

Appellant Jurisdiction of the Supreme Court in Civil matters Back

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