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The U.P HIGH COURT (ABOLITION OF LETTERS PATENT APPEALS) ACT, 1962

Uttar Pradesh · state statute
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664 
 
 THE U. P. HIGH COURT (ABOLITION OF LETTERS PATENT 
APPEALS) ACT, 19621 
[ U. P. ACT NO. XIV of 1962 ] 
 Amended by 
U. P. Act no. 33 of 1972 
U. P. Act no. 31 of 1975 
U. P. Act no. 12 of 1981 
 [Passed in Hindi by the Uttar Pradesh Legis lative Council on 
September 4, 1962  and by the Uttar Pradesh Legislative Assembly on 
September 20, 1962. 
Received the assent of the President on November 7, 1962  
under Article 201 of the Constitution of India and was published in the 
Uttar Pradesh Gazette Extraordinary, dated November 13, 1962. ] 
 AN 
ACT 
to provide for  Abolition of Letters Patent Appeals in the 
High Court of Judicature at Allahabad.  
 IT IS HEREBY  enacted in the Thirteenth Year of the Republic of 
India as follows : —  
Short title  and 
commencement 
1. (1) This Act may be called the Uttar Pradesh H igh Court 
(Abolition of Letters Patent Appeals) Act, 1962. 
(2) It shall come into force at once.  
Definition of 
High Court 
2. In this Act “High Court” means the High Court of Judicature 
at Allahabad as cons tituted by the U. P. High Court’s (Amalgamation) 
Order, 1948.  
Abolition of 
appeals from 
the Judgment 
or order of one 
Judge of the 
High Court 
made, in the 
exercise of 
appellate 
jurisdiction  
3. (1) No appeal, arising from a suit or proceeding instituted or 
commenced, whether prior or subsequent  to the e nforcement of this 
Act, shall lie to the High Court from a judgment or order of one Judge 
of the Hig h Court, made in the exercise of  appellate jurisdiction, in 
respect of a decree or order made by a court subject to the 
superintendence of the High Court, a nything to the contrary contained 
in clause 10 of the Letters Patent of Her Majesty, dated the 17th 
March, 1866, read with clause 17 of the U. P. High Court’s 
(Amalgamation) Order, 1948, or in any other law, notwithstanding.   
 (2) Notwithstanding anythin g contained in sub -section (1) all 
appeals pending before the High Court on the date immediately 
preceding the date of enforcement of this Act shall continue to lie and 
be heard and disposed of as hereto before, as if this act had not been 
brought into force.   
——————————————————————————————————————————  
1.  For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary, dated August 28, 1962. 
[The U.P.  High Court (Abolition of Letters Patent Appeals) Act, 1962]  
666 
Abolition of 
appeals from 
the judgment 
or order of 
one Judge of 
the High 
Court made 
in the 
exercise of 
write 
jurisdiction 
in certain 
cases 
1[ 4. (1) No appeal, arising from a suit or proceed ing instituted 
or commenced, whether prior or subsequent to the commencement of 
this section, shall lie to the High Court from a judgment or order of one 
judge of the High Court, made in the exercise of jurisdiction confe rred 
by Ar ticle 226 or Article 227 of the Constitution, in re spect of a 
judgment, decree or ord er made or purported to be made  by the Board 
of Revenue under the Untied Provinces Land Revenue Act, 1901, or the 
U. P. Tenancy Act, 1939, or the Uttar Pradesh Zamindari Abolition and 
Land Reforms Act, 195 0, or the Uttar Pradesh Urban Areas Zamindari 
Abolition and Land Reforms Act, 1956, or the Jaunsar -Bawar 
Zamindari Abolition and Land Reforms Act, 1956 , or the Kumaun and 
Uttara-khand Zamindari Abolition and Land Reforms Act, 1960, or by 
the Director of Consolidation (incl uding any other officer purporting to 
exercise the powers and to perform the duties of Director of 
Consolidation) under the U. P. Consolidation of Holdings Act, 1953, 
anything to the contrary contained in clause 10 of the Letters Patent of 
Her Majesty, dated March 17, 1866, read with clauses 7 and 17 of the 
U. P. High Court’s (Amalgamation) Order, 1948, or in any other law 
notwithstanding.   
 (2) Notwithstanding anything contained in sub -section (1), all 
appeals pending before the High Court on the date im mediately 
preceding the date of commencement of this section shall be heard and 
disposed of as if this section had not been enacted. ]1 
Abolition of 
Letters 
Patent 
Appeals in 
certain other 
cases  
2[ 5. (1) Notwithstanding anything to the contrary containe d in 
clause 10 of the Letters Patent of Her Majesty, dated March 17, 1866 
read with clauses 7 and 17 of the U. P. High Courts (Amalgamation) 
Order, 1948, or in any other law, no. appeal arising from an 
application or proceeding, instituted or commenced whe ther prior or 
subsequent to the commencement of the Uttar Pradesh High Court 
(Abolition of Letters Patent Appeals) (Amendment) Act, 1981, shall lie 
to the High Court from a judgment or order of one judge of the High 
Court made in the exercise of Jurisdicti on conferred by Article 226 or 
Article 227 of the Constitution, in respect of any judgment, order or 
award — 
 (a) of a tribunal court or statutory arbitrator made or purported 
to be made in the exercise or purported exercise of jurisdiction under 
any Uttar Pradesh Act or under any Central Act, with respect to any of 
the matters enumerated in the State List or the Concurrent List in the 
Seventh Schedule to the Constitution; or     
 (b) of the Government or any officer or authority, made or 
purported to be made in the exercise or purp orted exercise of appellate 
or revisional jurisdiction under any such Act.  
——————————————————————————————————————————  
1.  Ins. by sec.  2  of  U. P. Act no. 33 of 1972. 
2.  Subs. by sec.  2  of  U. P. Act no. XII of 1981. ( Ins. by sec. 2 of U.P. Act No. 31, 1975 ) 

[The U.P.  High Court (Abolition of Letters Patent Appeals) Act, 1962] 
668 
 
 (2) Notwiths tanding anything contained in sub -section (1), all 
appeals of the nature referred to in that sub-section pending before the 
High Court immediately before the commencement of the Uttar 
Pradesh High Court (Abolition of Letters Patent Appeals) (Amendment) 
Act, 1981, shall be heard and disposed of as if that sub -section had 
not been enacted. ]1 
————— 
 
——————————————————————————————————————————  
1. Subs. by sec. 2 of U.P. Act No. XII of 1981 ( Ins. by U.P. Act No. 31 of 1975 ). 

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