Report No. 44

25. Possible situations analysed.-

We considered the matter at some length. The possible situations at the commencement of the amending Act would be as follows:-

(i) cases pending in the High Court or a subordinate court on that date;

(ii) cases disposed of by the High Court before that date by a judgment, decree or final order, where a certificate under clause (a) or (b) of Article 133(1) has not yet been applied for;

(iii) cases disposed of by the High Court by a judgment, decree or final order, where a certificate under clause (a) or (b) has been applied for, but the application for the certificate is pending on that date;

(iv) cases disposed of by the High Court before that date, where a certificate under clause (a) or (b) has been obtained, but the appeal to the Supreme Court has not been actually filed;

(v) cases in which, not only a certificate has been granted under clause (a) or (b), but also an appeal has been filed and is pending in the Supreme Court on that date.