Page:Acts of the Constituent Assembly and Dominion Legislature of India 1949.pdf/22

Rh Continuance of certain proceeding in High Courts.

7. All proceedings and steps taken in, and orders made and certificates grouted by, a High Court in connection with an Indian appeal or petition shall, except in the case of any such appeal or petition as is referred to in section 4, be deemed to be in connection with an appeal or petition to the Federal Court from, or in respect of, the same judgment, decree or order under the provisions of this Act, and shall be concluded or as the case may be, have effect accordingly.

Effect of orders of His Majesty in Council.

8. Any order of His Majesty in Council made on an Indian appeal or petition, whether before, on or after the appointed day, shall for all purposes have effect, not only as an order of His Majesty in Council, but also as if it were an order or decree made by the Federal Court in the exercise of the jurisdiction conferred by this Act.

Amendment of the Government of India Act, 1935.

9. (1) In .section 205 of the Government of India Act, 1935 (hereinafter referred to as the said Act), for subsection (2) the following sub-section shall he substituted, namely:—

"(2) Where such certificate is given, any party in a case may appeal to the Federal Court on the ground that any question as aforesaid has been wrongly decided and, with the leave of the Federal Court, on any other ground."

(2) In section 209 of the said Act, for sub-sections (1) and (2) the following sub-section shall be substituted, namely: —

(1) The Federal Court in the exercise of its appellate jurisdiction may pass such decree or make such order as if necessary for doing complete justice in any cause or matter pending before it, including an order for the payment of costs, and any decree so passed or order so made shall be enforceable throughout the territory oi India in the manner provided in that behalf in the Code of Civil Procedure, 1908 for in such other manner as may be prescribed by or under a law of the Dominion Legislature, or subject to the provisions of any such law, in the manner prescribed by rules made by the Federal Court."

(3) In clause (a) of sub-section (S) of section 210 of the said Act, for the word, brackets and figure "sub-section (2)", the word, brackets and figure "subjection (1)" shall be substituted.

(4) In section 214 of the said Act, after sub-section (1) the following sub-section shall be inserted, namely.—

"(1A) Subject to the provisions of the Code of Civil Procedure, 1908, or any law made by the Dominion Legislature, the Federal Court may also from time 1o time, with the approval of the Governor-General, make rules of court for regulating the manner in which any decree passed or order made by it in the exercise of its appellate jurisdiction may he enforced."