Page:Acts of the Constituent Assembly and Dominion Legislature of India 1949.pdf/21

1860 Continuance of Privy Council jurisdiction in certain pending cases.

4. Nothing contained in section 2 shall affect the jurisdiction of His Majesty in Council to dispose of—

(a) any Indian appeal or petition on which the Judicial Committee of the Privy Council has before the appointed day delivered judgment or, as the case may be, reported to His Majesty, but which has not been determined by an Order in Council of His Majesty; or

(b) any Indian appeal or petition on which the Judicial Committee has, after hearing the parties, reserved judgment or order; or

(c) any Indian appeal which has been entered before the appointed day in the list of business of the Judicial Committee for the Michaelmas sittings of the year 1949 and which after that day is not directed to be removed therefrom by or under the authority of the Judicial Committee; or

(d) any Indian petition which has been lodged before the appointed day in the Registry of the Privy Council.

Conferment of corresponding jurisdiction on Federal Courts

5. (1) As from the appointed day, the Federal Council shall, in addition to the jurisdiction conferred on it by the Government of India Act, 1935, 26 Geo.5 c. in certain pending cases. and the Federal Court (Enlargement of Jurisdiction) Act, 1947, I. of 1948, but subject to the provisions ot this section, have the same jurisdiction to entertain and dispose of Indian appeals and petitions as His Majesty in Council has, whether by virtue of His Majesty's prerogative or otherwise immediately before the appointed day.

(2) Notwithstanding anything contained in subsection (1) of this section, the Federal Court shall have no jurisdiction in respect of any such appeal or petition as is referred to in section 4:

Provided that where, upon any such petition as aforesaid, special leave to appeal to His Majesty in Council is granted after the appointed day, all further steps to be taken in the appeal shall be taken in, and the appeal shall be disposed of by, the Federal Court as if the special leave to appeal had been granted on a petition made to that Court.

(3) If any question arises whether an appeal or petition as an appeal or petition of the nature referred to it clause (a), (b), (c) or (d) of section 4, a certificate of the Registrar of the Privy Council shall be conclusive evidence on the question.

Transfer, of pending appeals to the Federal Court

6. All proceedings in respect of any Indian appeals pending before His Majesty in Council immediately before the appointed day, except those referred to in section 4, shall by virtue of this Act stand transferred to the Federal Court, and shall be disposed of by it in the exercise of the jurisdiction conferred on it by this Act.