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Report No. 44

29. Recommendations as to transitional provision.-

In short, we recommend-

(1) That the amendment should not apply-

(a) to any appeal pending in the Supreme Court on the date of its commencement; and

(b) to any judgment, decree or final order of a High Court in respect of which a certificate under the unamended article has been already obtained, though an appeal has not been filed in the Supreme Court on such certificate; and

(2) That, subject to (1), the amendment should apply to judgments, decrees or final orders which were pronounced or passed before the above date, or which arise out of any civil proceeding pending in the High Court or any lower court on above date.

K.V.K. Sundaram, Chairman

S.S. Dulat, Chairman

Mrs. Anna Chandi, Member

R.L. Narasimham, Member

D.B. Kulkarni, Member

P.M. Bakshi, Secretary.

New Delhi,

Dated: 30th August, 1971.

Appellant Jurisdiction of the Supreme Court in Civil matters Back

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