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Report No. 79

Appendix 6

The U.P. High Court (Abolition Of Letters Patent Appeals) Act, 1962

(U.P. ACT NO. 15 OF 1962)

[13th November, 1962.]

An Act to provide for Abolition of Letters Patent Appeals in the High Court of Judicature at Allahabad

It is hereby enacted in the Thirteenth Year of the Republic of India as follows:

1. Short title and commencement.-

(1) This Act may be called The Uttar Pradesh High Court (Abolition of Letters Patent Appeals) Act, 1962.

(2) It shall come into force at once.

2. Definition of High Court.-

In this Act "High Court" means the High Court of Judicature at Allahabad as constituted by the U.P. High Courts (Amalgamation) Order, 1948.

3. Abolition of appeals from the Judgment or order of one Judge of the High Court made in the exercise of appellate jurisdiction.-

(1) No appeal, arising from a suit or proceeding instituted or commenced, whether prior or subsequent to the enforcement of this Act, shall lie to the High Court from a judgment or order of one Judge of the High Court, made in the exercise of appellate jurisdiction, in respect of a decree or order made by a court subject to the superintendence of the High Court, anything to the contrary contained in clause ten of the Letters Patent of Her Majesty, dated the 17th March, 1866, read With clause 17 of the U.P. High Courts' (Amalgamation) Order, 1948, in any other law, notwithstanding.

(2) Notwithstanding anything contained in sub-section (1) all appeals pending before the High Court on the date immediately preceding the date of enforcement of this Act shall continue to lie and be 'heard and disposed of as heretobefore, as if this Act had not been brought into force.

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