Full text : The constitution and powers of the Government of India

a1

Law regulating Appeals to Privy Council.

In 1863, an Act was passed by the Government
of India regulating the admission of appeals to the
Privy Council. It provided that such appeals should
be admitted, where the subject-matter in dispute
amounted to, or exceeded, Rs. 10,000, or when the
Court which pronounced judgment declared the case
to be a fit one for appeal. An appeal might also be
made {from an interlocutory judgment. But the
power given in the Act is expressed to be subject to
such rules and orders as are in force, or shall subsequently
 be passed by the Queen in Council, It also
expressly declares that nothing in the Act contained
shall be understood to bar the full and unqualified
exercise of Her Majesty’s pleasure upon all appeals to
Her, either in rejecting any She may consider inadmissible,
 or in receiving any She may judge admissible.

The Charters of the High Courts give a right of
appeal to suitors in any matter not being of criminal
jurisdiction, from any final judgment, decree, or order
of those Courts made on appeal; and from any final
judgment, decree, or order made in the exercise of
original jurisdiction by a majority of the full number
of Judges, or of any Division Court from which an
appeal does not lie to the High Court itself. The
right so conferred is subject to the proviso that the
sum or matter in dispute is of the amount or value of
not less than Rs. 10,000, or that such judgment,
decree, or order, shall involve directly or indirectly
            
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