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Report No. 44

The Appellant Jurisdiction of the Supreme Court in Civil Matters

Contents
1. Article 133 of the Constitution and the valuation limit
2 Bill introduced in 1969 to enhance the valuation
3. Reference to the Commission after lapse of the Bill
4. Note circulated by the Commission
5. History of the appellate jurisdiction-Privy Council
6. Position up to 1838
7. Position after 1838
8. Position from 1937 to 1950
9. Position under the Constitution
10. Question previously considered by the Law Commission
11. Uniformity of law
12. Position in other countries
13. Appeals by certificate
14. Certificate not granted lightly
15. High Courts more familiar with local conditions
16. Three alternatives considered
17. Opinion of the Bar
18. Views of Judges
19. Recommendation to delete clauses (a) and (b) of Article 133(1)
20. Transitional provision
21. Need for express provision
22. Provision proposed in earlier Bill
23. Query made to elicit opinion
24. Views received
25. Possible situations analysed
26. Need for saving provision considered
27. Cases where certificate already obtained
28. Saving necessary where certificate obtained or appeal pending
29. Recommendations as to transitional provision
Appendix I Working Paper Circulated by The Law Commission in May, 1971
  Subject:-Appellate Jurisdiction of the Supreme Court in regard to civil matters under Article 133 of the Constitution
  The present position, therefore, as regards the appellate jurisdiction of the Supreme Court in civil matters is as follows
  On the other hand, the existence of a right of appeal based on valuation is open to the following criticism
  The points for consideration are
  The points for consideration are
  2. Annexure A
Annexure A Bill No. XXXI-C of 1969
1. Short title and commencement
2 Enhancement of valuation for civil appellate jurisdiction of the Supreme Court
3. Amendment of Act 5 of 1908
4. Continuance of certain proceedings
Annexure B Relevancy of Valuation in Appeals to The Supreme Court or other Highest Court of The Country
1. Australia
2 Canada
3. England
4. France
5. West Germany
6. Russia
7. Switzerland
8. U.S.A.
Appendix 2 List of Courts1 Bodies and Persons who Expressed Views on The
  High Courts1
  State Governments
  Bar Councils and Bar Associations
  Others


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