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Report No. 96

5. Federal Court (Enlargement of Appellate Jurisdiction) Act, 1947 (1 of 1948)

The Act enlarges the appellate jurisdiction of the Federal Court to the fullest extent permissible under section 206 of the Government of India Act, 1935. Section 3 of the Act reads thus-

"3. As from the appointed day,-

(a) an appeal shall lie to the Federal Court from any judgment to which this Act applies-

(i)without the special leave of the Federal Court, if an appeal could have been brought to His Majesty in Council without special leave under the provisions of the Code of Civil Procedure, 1908, or any other law in force immediately before the appointed day; and

(ii) with the special leave of the Federal Court in any other case;

(b) in any such appeal as aforesaid it shall be competent for the Federal Court to consider any question of the nature mentioned in sub section (1) of section 205 of the Government of India Act, 1935; and

(c) no direct appeal shall lie to His Majesty in Council, either with or without special leave, from any such judgment."

The subject-matter of the Act falls within Concurrent List, entry 11A, "Administration of Justice" and Union List, entry 97 (residuary entry).

Reasons for recommending repeal.-The Federal Court ceased to exist long ago. Pending appeals were transferred to the Supreme Court, and, by now, must have all been exhausted. The Act should, therefore, be repealed, as spent.

Repeal of Certain Obsolete Central Acts Back

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