مجموعة رقم ١/ ٤٩ "عدن. الإدارة والرقابة: التغيرات المترتبة على الإصلاحات الهندية الدستورية؛ النقل للحكومة البريطانية" [و‎‎٧‎٢] (٩٦٨/١٤٨)

5
^ 'Hr parripd on in like manner, as nearly as may he, as if this
Order had not been made, and any sucli proceeding may be
akefe.j amended in such manner as may appear necessary and proper in
lp t0 prirm it into conformity with the provisions of this Order
5 and of the Government of India Act, 1935.
19, Claims which, if the Government of India Act, 1935, had
■ eCt ^l not been passed, might have been enforced by or against the
^ Secretary of State for India in Council in connection with the
ac [ m inistration of the Province, may he enforced in such manner
10 as may be prescribed by the law of the Colony by or against the
f, His!. Government of tbe Colony.
2 Q__(d) An appeal shall lie from tbe Supreme Court to tire
’ 0 ^ er| ' High Court of Judicature at Bombay (in this section referred to as
“tbe High Court”)—
Hied tie!
reme Co®||
escribed Wb
ill Acts, Oil
aving tie:
tinted day:
i to the G|
iedhy or|
w made b
ct in tbe dl
itions as i
tbe prow
validity or
yin
a m,
(a) in civil cases—
(i) from any final judgment of the Supreme Court,
where the appeal involves, directly or indirectly, some
claim, or question respecting property or some civil right,
of the value of five thousand rupees or upwards, being a
judgment from which, if it were a judgment of a District
Couit in the Province of Bombay, an appeal would lie
to the High Court, under the Indian Code of Civil
Procedure, 1908, as amended prior to the appointed
day; and
(ii) with the leave of the Supreme Court or of the
High Court, from any other judgment of the Supreme
Court whether final or interlocutory, if, by reason of the
importance of the question involved in the appeal or
otherwise, the Court is satisfied that leave to appeal
ought to he granted ; and
(b) in criminal cases, from any judgment of the Supreme
Court from which, if it were a judgment of a Court of
Session in the Province of Bombay, an appeal would lie
to the High Court under the Indian Code of Criminal
Procedure, 1898, as amended prior to the appointed clay :
Provided that no appeal shall lie where the sentence imposed is
one of imprisonment not exceeding six months or of fine not
exceeding five hundred rupees or of both such imprisonment
and fine.
(2) When any person is sentenced to death and no appeal has
been lodged by him within the time limited for that purpose, the
Supreme Court shall transmit the record of the case to the High
Court and an appeal shall thereby he deemed to have been lodged
by the said person ; and the sentence shall not he carried out
unless and until it shall have been confirmed by the High Court.