Updated: Wednesday January 15, 2014/AlArbia'a Rabi' Awwal 14, 1435/Budhavara Pausa 25, 1935, at 07:56:18 PM

The Appellate Jurisdiction (High Courts and Supreme Court) (Repeal) Act, 1963

ACT No. IV of 1963

For Statement of Objects and Reasons, see Gaz. of P., Ext., dated the 12th March, 1963, p. 236b.[3rd April, 1963]

An Act to repeal the Appellate Jurisdiction (High Courts and Supreme Court) Ordinance, 1962

WHEREAS it is expedient to repeal the Appellate Jurisdiction (High Courts and Supreme Court) Ordinance, 1962;

AND WHEREAS the national interest of Pakistan in relation to the achievement of uniformity within the meaning of clause (2) of Article 131 of the Constitution requires Central legislation in the matter;

It is hereby enacted as follows:---

1. Short title and commencement-- (1) This Act may be called the Appellate Jurisdiction (High Courts and Supreme Court) (Repeal) Act, 1963.

(2) It shall come into force at once.

2. Repeal of Ordinance L of 1962--The Appellate Jurisdiction (High Courts and Supreme Court) Ordinance, 1962, hereinafter referred to as the said Ordinance, is hereby repealed. L of 1962

3 Transfer of pending appeals-- (1) All appeals made under section 2 of the said Ordinance and pending in the Supreme Court immediately before the commencement of this Act shall stand transferred to the appropriate High Court and shall be heard and disposed of by it in accordance with the provisions of the Code of Civil Procedure, 1908, and other applicable laws. Act V of 1908.

(2) Nothing in sub-section (1) shall be construed as applying to any appeal made and pending as aforesaid, which has, at any time before the commencement of this Act, been admitted by the Supreme Court, and every such appeal shall be continued, and shall be heard and disposed of by that Court as if this Act had not been passed.

4. Effect of dismissal of petition--Notwithstanding anything in or in virtue of this Act, where in respect of any matter a petition for special leave to appeal has, at any time before the commencement of this Act, been dismissed by the Supreme Court, which petition, if not so dismissed, had led to an appeal under section 2 of the said Ordinance, such matter shall be deemed to have been finally adjudicated upon, and shall not be called in question in any court in any manner whatsoever.

 

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