Section 1495 in Decrees and Orders Validating Act, 1936
1495.
Object and Reason.-The Court of the Judicial Commissioner of he Central Provinces has recently in two judgments passed on the 26th August and the 11th September, 1935 held that certain decrees passed or orders made by the Bombay High Court in the exercise of the jurisdiction which that Court conceived it possessed under clause 12 of its Letters Patent were made without jurisdiction.Clause 12 of the Letter Patent of the Bombay High Court, which is identical in terms with clause 12 of the Letter Patent of the Madras and Calcutta High Courts and corresponds to clause 10 of the Letters Patent of the Rangoon High Court, has been variously interpreted by the several High Courts, and the question of amending the clause is under consideration.This Bill is designed to obviate in the meantime the inconvience which would result if the decrees or orders of a High Court acting in the exercise of its ordinary civil jurisdiction, as the Court itself interprets that jurisdiction, proved infructuous in another Court which favoured a different interpretation.[26th April, 1936.]An Act to remove certain doubts and to establish the validity of certain proceedings in High Courts of Judicature [* * *] [The words "in the Provinces" omitted by the A.O. 1950.].WHEREAS doubts have arisen as to the validity of certain proceedings in High Courts of Judicature [* * *] [The words "in the Provinces" omitted by the A.O. 1950.] under the Letters Patent erecting and establishing those Courts;AND WHEREAS it is expedient to terminate those doubts and to establish the validity of those proceedings;It is hereby enacted as follows:-
