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Report No. 124

Appendix I

(Paras. 1.6, 4.1 and 6.1)

Sl. No.

Subject

Law Commission Report number and other Reports

Recommendations

Action, if any taken by Government

1

2

3

4

5

1.

Ordinary Original Jurisdication of the High Court. (a) 14th (1958) Ordinary original jurisdiction of the High Courts should be allowed to continue. (Para 23-page 127)

Nil

(b) 79th (1979) Same recommendations as contained in 14th report.
(c) Satish Chandra's Committee's, (1986) The original ordinary civil jurisdiction of the High Courts should be abolished forthwith. (Chap. 13, para. 8, page 192)

2.

Original Jurisdiction-Special Statute (a) High Court Arrears Committee, 1972 (1972) The original jurisdiction of the High Court under the Indian Divorce Act, Parsi Marriages and Divorce Act, Patents and Designs Act, Succession Act, Divorce Act, Indian Lunacy Act, The Guardian and Wards Act, Indian Insolvency Act and matters like alteration of Memorandum of Association, excusing delay in filing returns or in registering charges under the Company's Act should be abolished and jurisdiction conferred on District Judges.

Nil

(b) 79th Report (1979) The jurisdiction of the High Court under the Indian Divorce Act and Parsi Marriage Act should be abolished.
(c) Satish Chandra's Committee, (1986) Same recommendations as in the High Court Arrears Committee, 1972.

3.

Regular First Appeals (a) 14th Report (1958) Appellate jurisdiction of the District Judge be raised to ten thousand and section 102, CPC to be amended so as to raise the non-appealable limit to rupees two thousand. Section 102, CPC amended in 1976 and limit of Rs. 1000 raised to Rs. 3000
(b) High Court Arrears Committee, 1972 (1972) Appellate jurisdiction of the District Judges should be fixed at rupees twenty thousand.
(c) 79th Report (1979) The appellate jurisdiction of the District Judges recommended to be raised, however, it was felt that it was not desirable to fix uniform figure for the entire country. The matter regarding fixing of pecuniary appellate jurisdiction of the District Judges left to the concerned authorities in each State.
(d) Satish Chandra's Committee (1986) First appeals of the High Court recommended to be abolished in accordance with the practice prevalent in the State of Haryana. In the alternative it was proposed that the pecuniary appellate jurisdiction of the District Judges should be fixed at rupees five lakhs as in the case of State of Punjab.

4.

Civil Revision under section 115, CPC (a) 14th Report (1958) Right of revision recommended to be retained. Section 114 CPC amended in 1976
(b) High Court Arrears Committee, 1972 (1972) Right of revision against interlocutory orders should be abolished.
(c) 27th Report (1964) Same recommendations as in 14th Report.
(d) 54th Report (1973) Section 115 CPC recommended to be deleted on the ground that adequate remedy is available under Article 227 of the Constitution.
(e) 79th Report (1979) While recommending the retention of the revisions against inter-locutory orders it was proposed that records of the lower courts should not be sent for unless an express order is made for the purpose by the High Court and the petitioner should be called upon to file copies of the relevant documents to be relied upon at the time of hearing.
(f) Satish Chandra's Committee (1986) Right of revision against interlocutory orders should be taken away, enactment of a provision in the CPC identical to the provisions contained in section 397(2) of Cr PC. Enactment of provisions identical to order 41 rule 5 CPC with regard to grant of stay by revisional courts.

5.

Revision under section 25 of the Provincial Small Causes Court Act (a) 14th Report of Law Commission (1958) Revisional jurisdiction should remain with the High Court.
(b) High Court Arrears Committee, 1972 (1972) Revisional powers of the High Court should be taken away and these powers to be conferred on District Judges.
(c) Satish Chandra's Committee (1986) Same recommendations as in the case of High Court Arrears Committee, 1972.

6.

Regular Second Appeals (a) 14th Report (1958) No curtailment of the right of Second Appeals. Section 100, CPC amended in 1976
(b) 27th Report (1964) Same recommendations as in 14th Report.
(c) High Court Arrears Committee, 1972 (1972) Agreed with the recommendations made in 14th Report and recommended that the judge admitting a Second Appeal should state points of law arising for consideration therein.
(d) 54th Report (1973) Right of Second Appeal recommended to be confined to cases where as substantial question of law is involved.
(e) 79th Report (1979) Agreed with the views expressed in 54th Report.
(f) Satish Chandra's Committee Second appeal should be totally abolished.

7.

Letters Patnt Appeal (a) 14th Report (1958) No. L.P.A. against the decision of a single judge on the appellate side. LPA against in second appeals abolished by insertion of section 100A, CPC
(b) High Court Arrears Committee, 1972 (1972) L.P.A. should be abolished except in case of orders made in Writ Petitions, suits and proceedings under special jurisdiction tried on the original side of the High Court.
(e) 79th Report (1979) Abolition of L.P.A.
(f) Satish Chandra's Committee, (1986) L.P.A. should be abolished as in the case of U.P.


The High Court Arrears - A Fresh Look Back




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