Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945

1[Act No. 17 of 1945]2

[15th August 1945]

Amended by Bom. 52 of 1947.

„ „ „.8 of 1950.*

Adapted and modified by the Adaptation of Laws Order, 1950.

Amended by Bom. 57 of 1956.`

WHEREAS it is expedient to extend the limits of the City of Bombay by including therein some portion of the Bombay Suburban District; AND WHEREAS it is necessary to constitute the whole of the said area into an area hereinafter called the Greater Bombay;

AND WHEREAS clause 11 of the Letters Patent of the High Court of Judicature at Bombay dated the 28th December 1865 provides that the said High Court shall have and exercise ordinary original civil jurisdiction within such local limits as may from time to time be declared and prescribed by any law made by the Governor of Bombay in Council; AND WHEREAS under the provisions of the Government of India Act(26 Geo. 5, Ch. 2.), 1935, the Provincial Legislature of Bombay is competent to declare and prescribe the local limits of such jurisdiction;

AND WHEREAS the Governor of Bombay has assumed to himself under the Proclamation dated the 4th November 1939 issued by him under section 93 of the Government of India Act,(26 Geo 5, Ch. 2.) 1935, the powers vested by or under the said Act in the Provincial Legislature;

NOW, THEREFORE, in exercise of the said powers, the Governor of Bombay is pleased to make the following Act:-

Footnotes:

  1. This Act was repealed and re-enacted except section 9 and Schedule E by Bom. 52 of 1947, s.2.

  2. For the Statement, see Bombay Government Gazette, 1945, Pt. V, page 147.

    * Section 7 of Bom. 8 of 1950 reads as under:--

    " 7.Pending Proceedings--Notwithstanding anything contained in the foregoing provisions of this Act and the inclusion of the areas specified in Part III of Schedule A to the said Act in Greater Bombay but save as expressly provided by the provisions of the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VIII of1950)--

    (1) all proceedings pending immediately before the date on which this Act comes into force in any civil or criminal court, or before any tribunal, public authority, or officer, shall be continued in that court, or before that tribunal, authority or officer as if this Act had not been passed and that court, tribunal, officer or authority shall have for the purposes of the said proceedings, all jurisdiction and powers which it or he had immediately before the day on which this Act comes into force;

    (2) an appeal or application for revision in respect of any proceedings so pending in any court, or before any tribunal, authority or officer shall be to the court, tribunal, officer or authority, which would have appellate or revisional jurisdiction, as the case may be, and that court, tribunal, authority or officer, shall entertain and dispose of the appeal or application as if the proceedings were instituted in that court or before that tribunal, authority or officer before the day oh which this Act comes into force;

    (3) all applications for the execution or enforcement of a decree or order of any court, tribunal, authority or officer passed immediately before the day on which this Act comes into force and all other applications arising out of such decree or order shall be made to and disposed of by such court, tribunal, authority or...

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