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DECEES AND ORDERS VALIDATING ACT, 1936
5 of 1936
26th April, 1936
STATEMENT OF OBJECTS AND REASONS "The Court of the Judicial Commissioner of the Central Provinces has recently in two judgments passed on the 26th August [See (Vol.22) 1935 Nag 250 (FB)] and the 11th September. 1935 [See (Vol. 23) 1936 Nag I (FB)1 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 Letters Patent of the Bombay I High Court, which is identical in terms with clause 12 of the Letters Patent of the Madras and Calcutta High Courts and corresponds to clause 10 of the I etters Patent of the Rangoon High Court, has been variously interpreted by the several High Courts, and thee question of amending the clause ? under consideration. This Bill is designed to obviate in the meantime the inconvenience which would result if the decrees or orders of a High Court acting in the exercise of its ordinary original civil jurisdiction, as the Court itself interprets that jurisdiction. proved in fructuous in another Court which favored a different interpretation.'- Gazette of India. 1926. Pt. V,p. 20.
An Act t remove certain doubts and to establish the validity of certain proceedings in high Courts of Judicature
1[***l. Whereas doubts have arisen as to the validity of certain proceedings in High Courts of Judicature1[***] 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 :
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called the Decrees and Orders Validating Act, 1936.
2[(2) It extends4to the whole of India, except3[the territories which, immediately before the 1st November, 1956, were comprised in Part B States].]
SECTION 02: CERTAIN DECREES AND ORDERS NOT TO BE CALLED IN QUESTION
- No decree passed or order made by the High Court of Judicature at Fort William in Bengal, the High Court of Judicature at Madras or the High Court of Judicature at Bombay, in the exercise of its ordinary original civil juisdiction under clause 12 of its Letters Patent, or by the High Court of Judicature at Rangoon. in the exercise of its original civil jurisdiction under Clause 10 of its Letters Patent, shall be called in question in any proceedings before any other Court on the ground that the High Court passing the decree or making the order had no jurisdiction to pass or make the decree or order.
SECTION 03: RESTORATION OF PROCEEDINGS
- Where in any proceedings concluded on or after the 26th day of August, 1935, any such decree or order has been found to be invalid on such ground by any Court, such finding shall be void and of no effect; and the Court shall, notwithstanding anything to the contrary inthe Indian Limitation Act, 1908or any other law for the lime being in force, on application made within six months from the commencement of this Act by any person prejudicially affected by such finding, restore the proceedings at and continue the proceedings from the state reached immediately before the order embodying or based on such Finding was made.
Footnotes:
2. Substituted for the former sub-section (2) by A.L.O.. 1950.
3. The Act has been extended (partially) to Berar by Act 4 of 1941 and to the Union Territory of Dadra and Nagar Haveli by Reg. 6 of 1963.
4. Substituted for "Pan B States", by 3 A.L.0..1956.
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