Report No. 250

9. Decrees and Orders Validating Act, Act 5 of 1936

Category: Administration of Justice

Recommendation: Repeal

The Act removed certain doubts as to the validity of certain proceedings in the High Courts of Judicature at Bengal, Madras and Bombay. The Act clarified that no decree passed or order made by any of these High Courts in the exercise of their ordinary original civil jurisdiction under Clause 12 of its Letters Patent, or by the High Court of Judicature at Rangoon under Clause 10 of its Letters Patent, shall be called in question on the ground that the High Court passing that decree or making the order had no jurisdiction to do so.

The purpose of this Act has been served and the Central Government should now repeal this Act. A suitable savings clause should be inserted in the repealing Act. This Act has also been recommended for repeal by the PC Jain Commission Report (Appendix A-1).