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Report No. 44

8. Position from 1937 to 1950.-

The establishment of the Federal Court (1937) under the Government of India Act, 1935, and the advent of independence (1947) did not make any change on this point. Civil appellate jurisdiction of the Federal Court was enlarged in 1948 by a Central Act1 passed in pursuance of section 206 of the Government of India Act, 1935. This Act vested the Federal Court with civil appellate jurisdiction heretofore exercised by the Privy Council, but preserved the jurisdiction of the Privy Council to hear appeals from the Federal Court. In 1949, the appellate jurisdiction of the Privy Council was totally abolished.2

But these legislative measures, while changing the forum of appeal, did not disturb either the principle of valuation or the pecuniary limit which The Appellate Jurisdiction of the Supreme Court in Civil Matters 44.7 remained at Rs. 10,000. The makers of the Constitution, while maintaining the principle of valuation, raised the amount to Rs. 20,000 and indicated that Parliament might raise it further to any extent by an ordinary law.

1. The Federal Court (Enlargement of Jurisdiction) Act, 1948 (1 of 1948), section 3 read with section 2(a)

2. The Abolition of Privy Council Jurisdiction Act, 1949 (Constituent Assembly Act 5 of 1949)

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