INTRODUCTION. PREVIOUS to the issuing of the Order in Council of the 13th of June, 1853, which will be found at page 174, there was considerable confusion as to the procedure of a Judicial Committee. This occasioned the Lords of the Committee to report upon this matter, the result being the issuing of the said Order of the 13th June, 1853. Shortly after the issuing of this Order, Her Majesty was pleased to issue the further Order of the 31st March, 1855 (vide page 154), giving the Judicial Committee power to make any order or direction which, in their opinion, the justice of any particular case might require. No printed orders have been issued under this authority, but what may be practice is now established. termed a settled In the following pages will be found a resumé of this practice, but, at the same time, the reader must bear in mind that a Judicial Committee is a Court having unlimited powers, and can hardly be said to be bound by any practice at all-certainly not in the sense in which this expression would be used when referring to any ordinary Court. There is not any express rule binding practitioners to any particular form. All that is required is that the forms used should sufficiently state the facts that will support the order asked for. Care must be taken that all petitions that have to be referred to the Committee are addressed to Her Majesty in Council, and that all other petitions for ad interim orders are addressed to the Judicial Committee. In the following pages will be found a concise set of ordinary forms that may be used, and that it is believed will be sufficient in every case; but the practitioner must remember such forms are not issued under any authority. Act 2 of 1863 of Legislative Council of India |