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Report No. 45

Civil Appeals to The Supreme court on a Certificate of Fitness

1. Introductory
2 Analysis of appealability under Article 133-Three broad tests
3. Test of valuation
4. Scope of clauses (a) and (b)
5. Decision of the Supreme Court on Article 133(1)(a) and (b)
6. Test of valuation and substantial question of law
7. History of the provision relating to substantial question of law
8. Meaning of "substantial question of law
9. Privy Council decision
10. Wide scope of substantial question of law
11. Test of fitness for appeal to the Supreme Court
12. Questions of private importance
13. Formulation of precise rules not possible
14. Some guidelines in Orders-in-Council regarding appeals to Judicial Committee
15. Order-in-Council for Borneo Territories
16. Order-in-Council for Africa
17. Position in New Zealand
18. Privy Council decision in Canadian case
19. Some guidelines of fitness for appeal
20. First two tests to be deleted as recommended in earlier Report
21. Further limitation necessary as regards the third test-Question involved must be one of law
22. Nature of questions of law fit for decision by Supreme Court
23. Uniformity
24. Position in Germany and Switzerland
25. Questions of law of general importance
26. Questions already decided by the Supreme Court but requiring re-consideration
27. Difference of opinion among the Judges in the High Court Bench
28. Other questions of law fit for decision by the Supreme Court
29. Questions of law which are not considered fit for decision by the Supreme Court
30. Practice in the U.S.A.
31. Certificate not to be granted lightly
32. Difficulty of formulating a test
33. Jurisdiction under Article 136 to be preserved
34. Principal recommendation for amendment of Article 133(1)
35. Transitional provisions
36. Broad considerations that have weighed with the Commission
37. Minute of Hobhouse

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