DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0167
A.D. 1843.]
ACT III.
157
A.D. 1843. ACT II.
AN ACT 2*0 7*q$fZzMM Md ^Azz^ of M^ (7oZZZ'^ of ^ZZ<A&Z*A)dWZZZZZ?^/ ^4z/atZlM/ .'
PASSED M<? AMZZOZZZ^ZZ^M Md AV&5Z&M4 of M^ 6bzzzzcz7 of Azz^M zzz
(70ZZZZCZ/, OZZ M<? 1^ of Ab^Z'ZZZZZl/, 1843, WzM Md y4^ZZ^ of Mg A?ZZ/A^
Tfozzozzz'oMg Mo (7oz'o-rzzoz'-(7ozzoz'o/ of AzzJM.
I. IT is hereby enacted, in modification of Section XVI. Regula-
tion XXV. 1814, that when a single judge of the Sudder Dewanny
Adawlut, trying a case in appeal, regular or special, from any subordinate
court, shall be of opinion that the decision appealed from ought to be
reversed or altered, he shall always call in two other judges of the court
See Act ii. ^ sit with him, and that the appeal shall be then heard by the three judges
sitting together, and be decided by them without any additional voices.
In such cases the decree or final order shall be signed by the three judges, if
they agree together; but if one of them dissent from the view taken by
the majority, by the two judges who agree together, and the signature of
the third judge shall not be considered requisite, but his opinion shall be
recited in the decree or final order.
II. Provided that the above rule shall not be applicable to summary
appeals, or to appeals in miscellaneous cases, nor shall it be held to interfere
with the powers of a single judge of the Sudder Dewanny Adawlut, under
Clause Second, Section II. Regulation IX. 1831.
A.D. 1843. ACT III.*
AN ACT yb?' ZZZZZgZZ^ZZZ^ Mg AMM? of ggzzz/ yfp/?gaA PASSED M/ Mo fTozzozz?'-
tMJg Mo AVg.sz&?^ of Mo Cozzzzcz/ of AzzVM z'zz (7ozz?zez7, ozz Mo D4 of AbM'zzzzzy/,
1843, zozM Mo ^4^ozz^ of Mo A^MA^ ATozzozzz'zMM Mo 6kworzzoz'-(7o7zo7*a<? of
AzzAM.
1. IT is hereby enacted, that from and after the 1st day of May next, a
special appeal shall lie to the Courts of Sudder Dewanny Adawlut at Cal-
cutta and Allahabad respectively, to the Court of Sudder Adawlut at Madras,
and to the Court of Sudder Dewanny Adawlut at Bombay, from all
decisions passed on regular appeals in the civil courts subordinate to them
* When this Act was passed, the period for the presentation of petitions of regular and
special appeals was three months (see Cl. 1, Sec. ii. Reg. VII. 1832); but Act IV. 1850,
requires the petition of regular appeal to be presented in six weeks from the day of decision,
and the reasons of appeal to be filed three months after notice given to the appellant that the
proceedings have been certified to the Sudder Court.
How appeals, regular
and special, are to'be
does not confirm decree
appealed from.
Not applicable to
summary appeals or
Grounds of such ap-
peals.
ACT III.
157
A.D. 1843. ACT II.
AN ACT 2*0 7*q$fZzMM Md ^Azz^ of M^ (7oZZZ'^ of ^ZZ<A&Z*A)dWZZZZZ?^/ ^4z/atZlM/ .'
PASSED M<? AMZZOZZZ^ZZ^M Md AV&5Z&M4 of M^ 6bzzzzcz7 of Azz^M zzz
(70ZZZZCZ/, OZZ M<? 1^ of Ab^Z'ZZZZZl/, 1843, WzM Md y4^ZZ^ of Mg A?ZZ/A^
Tfozzozzz'oMg Mo (7oz'o-rzzoz'-(7ozzoz'o/ of AzzJM.
I. IT is hereby enacted, in modification of Section XVI. Regula-
tion XXV. 1814, that when a single judge of the Sudder Dewanny
Adawlut, trying a case in appeal, regular or special, from any subordinate
court, shall be of opinion that the decision appealed from ought to be
reversed or altered, he shall always call in two other judges of the court
See Act ii. ^ sit with him, and that the appeal shall be then heard by the three judges
sitting together, and be decided by them without any additional voices.
In such cases the decree or final order shall be signed by the three judges, if
they agree together; but if one of them dissent from the view taken by
the majority, by the two judges who agree together, and the signature of
the third judge shall not be considered requisite, but his opinion shall be
recited in the decree or final order.
II. Provided that the above rule shall not be applicable to summary
appeals, or to appeals in miscellaneous cases, nor shall it be held to interfere
with the powers of a single judge of the Sudder Dewanny Adawlut, under
Clause Second, Section II. Regulation IX. 1831.
A.D. 1843. ACT III.*
AN ACT yb?' ZZZZZgZZ^ZZZ^ Mg AMM? of ggzzz/ yfp/?gaA PASSED M/ Mo fTozzozz?'-
tMJg Mo AVg.sz&?^ of Mo Cozzzzcz/ of AzzVM z'zz (7ozz?zez7, ozz Mo D4 of AbM'zzzzzy/,
1843, zozM Mo ^4^ozz^ of Mo A^MA^ ATozzozzz'zMM Mo 6kworzzoz'-(7o7zo7*a<? of
AzzAM.
1. IT is hereby enacted, that from and after the 1st day of May next, a
special appeal shall lie to the Courts of Sudder Dewanny Adawlut at Cal-
cutta and Allahabad respectively, to the Court of Sudder Adawlut at Madras,
and to the Court of Sudder Dewanny Adawlut at Bombay, from all
decisions passed on regular appeals in the civil courts subordinate to them
* When this Act was passed, the period for the presentation of petitions of regular and
special appeals was three months (see Cl. 1, Sec. ii. Reg. VII. 1832); but Act IV. 1850,
requires the petition of regular appeal to be presented in six weeks from the day of decision,
and the reasons of appeal to be filed three months after notice given to the appellant that the
proceedings have been certified to the Sudder Court.
How appeals, regular
and special, are to'be
does not confirm decree
appealed from.
Not applicable to
summary appeals or
Grounds of such ap-
peals.