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Daman and Diu - Section

Section 1331 in The Goa, Daman And Diu (Administration) Act, 1962

1331.

Under the Goa, Daman and Diu (Judicial Commissioner's Court) Regulation, 1963, a Court of Judicial Commissioner has been constituted for the Union territory of Goa, Daman and Diu. It is the highest Court of Appeal replacing the existing Court of Appeal (Tribunal de Relacao) in that territory. Article 241(1) of the Constitution provides that Parliament may be law declare any court in a Union territory to be a High Court for all or any of the purposes of the Constitution. In the absence of such a declaration, the Judicial Commissioner's Court will not be purposes of the Constitution. In the absence of such a declaration, the Judicial Commissioner's Court will not be competent to exercise the powers of a High Court and no appeal will lie to the Supreme Court. The Bill accordingly competent to exercise the powers of a High Court and no appeal will lie to the Supreme Court. The Bill accordingly seeks to declare the Judicial Commissioner's Court for Goa, Daman and Diu to be a High Court for certain purposes and to apply thereto provisions of Chapter V of Part VI of the Constitution with certain exceptions and modifications.2. Provision has also been made for appeals to the Supreme Court against judgments, decrees and orders of the Tribunal de Relacao:(a) passed before 20th December, 1961, in respect of which appeals lay to the superior Courts in Portugal, and(b) passed on and after 20th December, 1961, in respect of which appeals could not be preferred in the absence of necessary provisions.3. Constitution of the Judicial Commissioner's Court has rendered superfluous the provisions of section 7 of the Goa, Daman and Diu (Administrative) Act, 1962, enabling the Central Government to extend the jurisdiction of the High Court at Bombay to the Union territory of Goa, Daman and Diu, Section 7 of the said Act is, therefore, being repealed - Gazette of India, 28-12-1963, Pt. II, Section 2, Extra, p. 1016.[27th March, 1962]An Act to provide for the administration of the Union territory of Goa, Daman and Diu and for matters connected therewith.BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:--