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Report No. 79

Chapter 9

Appeals under Special Acts

9.1. Scope of the Chapter.-

Apart from regular first appeals, there are other statutory appeals also which lie to the High Court against decisions under special Acts, as for example, the Guardians and Wards Act,1 the Land Acquisition Act,2 the Companies Act the Trade and Merchandise Marks Act,3 the Workmen's. Compensation Act4-5 and the Motor Vehicles Act.6 Rules have been framed in most of the High Courts in this regard. It is necessary that there should be no default in their observance. For the preparation of paper books in such appeals, typed copies supported by an affidavit as to their correctness may be accepted, and the same procedure as has been recommended by us in an earlier Chapter7 for supplying copies thereof to the respondent in case of regular first appeals may be adopted.

1. Section 47, Guardians & Wards Act (8 of 1890).

2. Section 54, Land Acquisition Act, 1894, (see also Chapter 7, supra).

3. Section 109(2), Trade and Merchandise Marks Act, 1958.

4. Section 30, Workmen's Compensation Act, 1923.

5. See also separate note as to special Acts, Appendix 3.

6. Section 110D, Motor Vehicles Act, 1939.

7. Chapter 8, supra.



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