Decrees and Orders Validating Act 1936

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THE DECREES AND ORDERS VALIDATING ACT, 1936

ACT No. V of 1936

( For Statement of Objects and Reasons, see Gazette of India, 1936, Pt. V, page 20.

The Act has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950) ; and also applied in the Federated Areas of Balucistan, see Gazette of India, 1937, Pt. I, p. 1499.)

[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 and the Capital of the Federation]" omitted by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955). The words in crotchets were subs. by A. O., 1949, for "British India".)* * *

WHEREAS doubts have arisen as to the validity of certain proceedings in High Courts of Judicature ( The words "in [the Provinces and the Capital of the Federation]" omitted by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955). The words in crotchets were subs. by A. O., 1949, for "British India".)* * * 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 :‑

1. Short title and extent. ‑(1) This Act may be called the Decrees and Orders Validating Act, 1936.

( Subs. by Ordinance 21 of 1960 s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for sub‑section (2), as amended by A. O., 1949, and the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8**)** [(2) It extends to the whole of Pakistan.]

2. 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 Judica ture at Madras or the High Court of Judicature at Bombay, in the exercise of its ordinary original civil jurisdiction under clause 12 of its Letters Patent, or by the High Court of Judicature at Ran goon, in the exercise of its original civil jurisdiction under clause 10 of its Letters Patent, shall be called in question in any proceed ings 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.

3. 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 any thing to the contrary in the Limitation Act, 1908, or any other law or the time 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 stage reached immediately before the order embodying or based on such finding was made.

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