Civil Service (Transferred Officers) Compensation Act, 1929
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Claims which have been judicially determined. |
11.—(1) This section applies to every claim by a person claiming to be a transferred officer for compensation under Article 10 of the Treaty which— | |
(a) has not been the subject of a grant or a refusal by the Minister of compensation under the said Article 10 which is by virtue of the Agreement set forth in the First Schedule to this Act a final and conclusive determination of such claim, and | ||
(b) has been the subject of an action or other plenary proceeding in the High Court the trial of which was heard and decided by that Court before the passing of this Act, and | ||
(c) has not been the subject of an appeal to the Supreme Court which was heard and decided by that Court before the passing of this Act. | ||
(2) The judgment of the High Court pronounced before the passing of this Act on a claim to which this section applies shall be a final and conclusive determination of such claim and no appeal shall lie or be prosecuted from such judgment to the Supreme Court or any other tribunal, save and except that— | ||
(a) where an appeal is pending at the passing of this Act from such judgment to the Supreme Court, the appellant in such appeal may appeal from such judgment to the Board and thereupon the Board shall hear and determine such appeal and shall for that purpose have jurisdiction to reverse, affirm, or vary all or any part of such judgment to such extent and in such manner as it thinks proper, and | ||
(b) if any question shall arise in respect of a claim to which this section applies which is not covered by the judgment of the High Court on such claim or if any question in respect of a claim to which this section applies shall arise out of or under the judgment of the High Court on such claim, such question shall be referred to the Board and the Board shall have exclusive jurisdiction to hear and determine the same. |