Updated: Saturday March 08, 2014/AsSabt
Jamada El Oula 07, 1435/Sanivara
Phalguna 17, 1935, at 02:33:08 PM
The Azad Jammu and
Preamble Whereas it is expedient to revise the Azad Jammu and
Kashmir Courts and Laws Code of 1948 and to set up Courts of justice in such
territories of Jammu and Kashmir State as have been liberated from Dogra Rule
or may hereafter be so liberated and provide laws and prescribe procedure
keeping in view the independence of judiciary, it is hereby enacted as
follows:---
1. Title, Extent (1) This Code may be called the Azad Jammu and
Kashmir Courts and Laws Code of 1949.
(2) It shall extend to the territories
which are now or may hereafter come under the Azad Jammu and Kashmir Government
and shall come into force at once.
2. Savings and Repeals. All acts done under any law in force on
the date of commencement of this Code, shall be deemed to be in every way
valid;
Provided that all proceedings pending on
the date of enforcement of this Code, shall be transferred to the Courts set up
under this Code.
3. All Laws and enactments of the Dogra Rule inconsistent with the
provisions of this Code or with the enactments passed or adapted by the Azad
Jammu and Kashmir Government are hereby repealed and all other laws, shall as
far as practicable, continue to remain in force.
CHAPTER-I
4. Definitions. In this Code unless there is anything repugnant in
the subject or context:---
(1) “Small Cause” means a suit of the
nature cognizable by a Court of small causes under the Jammu and Kashmir State
Small Causes Act in force in the Dogra Rule.
(2) “Land suit” means a suit relating to
land as defined in Section 4 (1) of the Punjab Tenancy Act, 1887, or to any
right of interest in such land;
(3) “Unclassed suit” means a suit which
is neither Small Cause nor a land suit;
(4) “Value” used with reference to a suit
means the amount of the subject matter of the suit; and
(5) “Government” shall mean the
CHAPTER-II
HIGH COURT
5. Constitution and appointment of
Judges. 2[(1) The High
Court shall consist of a Chief Justice and three or more other judges.]
3[(1-A) At any time when,---
(a) the office of the Chief Justice of
the High Court is vacant; or
(b) the Chief Justice of the High Court
is absent or is unable to perform the functions of his office due to any other
cause;
the President shall appoint the most
senior of the other Judges of the High Court to act as Chief Justice.]
(2) Every Judge of the High Court shall
be appointed by the Azad Jammu and Kashmir Government and shall hold office
until he attains the age of 65 years,---
Provided that--- (a) A Judge may by
resignation under his hand addressed to the Azad Jammu and Kashmir Government
resign his office.
(b) A Judge may be removed from office by
the order of the Azad Jammu and Kashmir Government on the ground of misbehavior
or of infirmity of mind or body if the tribunal or Medical Board to be
appointed by Government on reference being made to them by the Azad Jammu and
Kashmir Government reports that the Judge ought on any such ground to be
removed.
(3) A person shall not be qualified for
appointment as judge of High Court unless he,---
(a) is a Barrister of England of not less
than ten years standing; or
(b) has for at least three years, held a
judicial office in the State or in
(c) has for at least five years held a
judicial office in the State or in Pakistan not inferior to that of a
Subordinate Judge or a judge of Small Causes Court; or
(d) has for at least ten years been a
Pleader or Vakil or Advocate of High Court in the State or in Pakistan or of
two more such Courts in succession:---
Provided that in computing for the
purpose of this sub-section the standing of a Pleader, Vakil or Advocate any
period during which a person has held a judicial office after he became a
Pleader, Vakil or Advocate, as the case may be, shall be computed.
6. Omitted by the AJ&K Courts and Laws Code (Amendment) Act, 1992 (Act
XXIII of 1992), see section 3 thereof.
3[6-A. Seat of the High Court. (1) The Principal Seat
of High Court shall be at Muzaffarabad.
(2) The President may establish one, or
more permanent Benches and Circuit Benches of High Court at such place or
places as he may deem expedient.
(3) A Bench referred to in sub-section
(2) of this Section shall consist of such of the Judges of the High Court as
may be nominated by the Chief Justice from time to time.]
7. Seal. The High Court shall have and use, as occasion may
require, a seal bearing a device and impression of the Government Coat of Arms
within an exergue or label surrounding the same, with the inscription “Seal of
the High Court of Azad Jammu and Kashmir”, the said seal being kept in the
custody of such officer as the Chief Justice may appoint in this behalf.
8. Omitted by the Act XXIII of 1992, see section 3 thereof.
Admission of Vakils, Advocates, Pleaders
and Attorneys at Law.
9. The High Court may approve, enroll and admit such and so many
Advocates, Vakils, Pleaders and Attorneys-at-law as to the said High Court may
deem fit and such Advocates, Vakils, Pleaders and Attorneys-at-law may appear
for the suitors in the said High Court and the Subordinate Courts and plead or
act, or plead and act for the said suitors according to the rule.
10. (1) The High Court shall have power to make rules from time to time for
the qualifications and admission of proper persons to be Advocates, Vakils,
Pleaders and Attorneys-at-law and shall have powers to remove or suspend from
practice on reasonable causes the said Advocates, Vakils, Pleaders or
Attorneys-at-law.
(2) Subject, however, to the provisions of
any other law in force for the time being, no person except such Advocates,
Vakils, Pleaders or Attorneys-at-law or any suitor himself or on behalf of
co-suitor shall be entitled to act or plead for or on behalf of any suitor in
the said High Court and the Courts subject to its superintendence.
11. Law to be Administered by the High
Court.----- The High Court shall
apply such law or equity to each case coming before it as would have been
applied by the Court in which the proceedings were originally instituted or may
have been instituted.
12. Omitted by the Act XXIII of 1992 see section 3 thereof.
13. Civil Jurisdiction of the High
Court.--- (1) The High Court Shall be
a court of appeal from the Civil Courts of the
4[(2) The High Court shall also hear original suits of
above the value of Rs. 10,000/- such suits shall be heard by a Single Judge.
(3) An appeal shall lie to the High Court
from the Judgment or order of one Judge in an original civil suit.
(4) The High Court shall have
jurisdiction to entertain and dispose of such appeals, revisions and other
cases, civil, criminal or revenue, as it may be empowered to do under any
enactment in force in the
13-A to 13-C. These sections were inserted by the AJ&K Courts
and Laws Code (Amendment) Act; 1958 as passed under G.O. 242/58 dated 5*6-1958
and repealed, subsequently, by the AJ&K Judicial Board (Constitution and
Jurisdiction) Act, 1974 (Act XX of 1974) see section 16 thereof, as published
in issue No. 41, Vol XX of AJ&K Gazette.
14. The High Court shall have power to remove and to try and determine any
suit being or falling within the jurisdiction of any court subject to its
superintendence when the High Court may think proper to do so either on the
agreement of the parties or for purposes of justice.
15. Pecuniary Limits of Jurisdiction of Civil Courts. (1) The High Court
shall determine tile pecuniary limits of jurisdiction to be exercised in
original suits by any person appointed as Sub-Judge either by including him in
a class or otherwise as it thinks fit.
(2) The High Court may confer upon any
officer in the service of the Government, by name or by virtue of his office,
powers to try civil suits in such local limits of jurisdiction and within such
limits of pecuniary jurisdiction either by including him in a class or
otherwise, as it thinks fit, and may withdraw such powers.
16. Ordinary criminal jurisdiction.---The High Court shall have ordinary original criminal
jurisdiction in respect of all persons residing in places within the
territories of the Government and shall be empowered to try all persons brought
before it in due course of law.
17. Extra ordinary criminal jurisdiction.
(1) The High Court shall have
extra-ordinary criminal jurisdiction over all persons residing in places within
the jurisdiction of any court subject to its superintendence, and shall have
authority to try, at its discretion any such person or charges preferred by any
Magistrate or other officer empowered by the Government in that behalf.
(2) Omitted by the Act XXIII of 1992 see
section 5 and again repealed by the Contempt of Courts Act 1993 (Act XXVII of
1993) see section 12 thereof.
18. Appeal from criminal courts. The High Court shall be a Court of appeal from the
criminal courts of the Azad Jammu and Kashmir State and from all other courts
subject to its superintendence, further the High Court shall be a Court of
reference and revision for from the criminal courts subject to its appellate
jurisdiction and shall have power to hear and determine all cases referred to
it by Government.
19. Power of transfer. The High Court shall have power to direct the
transfer of any criminal case or appeal from any court to any other court of
equal or superior jurisdiction and also re-direct tile preliminary
investigation or trial of any criminal case by any officer or court otherwise
competent to investigate and try it, though such case belongs, in ordinary
course, to the jurisdiction of some other officer or Court.
20. Criminal law. All persons brought for trial before the High Court,
either in the exercise of its jurisdiction as a court of appeal, reference or
revision, charged with an offence for which provision is made in the Azad Jammu
and Kashmir Penal Code, or by any Act, amending or excluding the said Code,
shall be liable to punishment under the said Code or Acts and not otherwise.
21. Power to confer magisterial powers
etc. The High Court 5[
....] shall be competent to confer upon any person or persons ordinary or
special magisterial powers, withdraw, the same, pass orders, issue directions
exercise control and make rules in accordance with sections 10(2), 12, 14, 15,
16, 30, 37 to 41, 108, 110, 143, 144, 164, 167, 174, 186, 190, 193, 206, 260,
406, 407, 524, and 565 of the Criminal Procedure Code.
22. The High Court may pass any sentence authorized by law.
23. Miscellaneous jurisdiction. The High Court shall have such testamentary, intestate
or matrimonial jurisdiction as may be prescribed by law for the time being in
force and without prejudice to the exercise of such jurisdiction by any other
court empowered in that behalf.
24. Single Judge and Division Courts. (1) Any function which is hereby directed to be
performed by the High Court, may be performed by any Judge or by any
(2) Any Single Judge and any Bench of two
Judges of High Court not being a full Bench may, in any case, refer for the
decision of a Full Bench, any question of law or of the construction of any
document or of the admissibility of any evidence arising before such Single
Judge or Bench and shall dispose of the case in accordance with the decision of
the Full Bench.
(3) Any Single Judge of High Court, may,
if he thinks fit, refer any appeal or application before him for hearing as a
Single Judge to a Bench of two judges for decision.
25. Special Commissioner and
Circuits.----Whenever it appears to
the Chief Justice convenient that the powers vested in the High Court shall be
exercised in any place other than the usual place of sitting of the High Court
or at several such places by Circuits, one or more Judges of the High Court
shall visit such place or places accordingly.
26. Holidays. The High Court may by a notification to be published
in the Government Gazette, declare public holidays to be observed by Civil and
Criminal Courts in the
CHAPTER-III
SUBORDINATE CIVIL COURTS
27. Classes of Courts. Besides the High Court, the Courts of Small Causes
established under the Small Cause Courts Act of the Dogra Rule or the Courts
established under any other enactment for the time being in force, there shall
be the following classes of Civil Courts, namely:---
(1) The Court of District Judge;
(2) The Court of Additional Judge; and
(3) The Court of Subordinate Judge.
28. Civil Districts. 2[For the purpose of the this Act, the
Government shall divide territories under its administration in to Civil
Districts and Sub-Divisions and may, from time to time, alter the limits or the
number of these Districts and Sub* Divisions.]
29. District Judges. (1) The Government shall appoint as many persons, as
it thinks necessary, to be District Judge and the High Court shall post one
such person, by name or by virtue of office, to each district as District judge
of that District:---
Provided that the same person may if the
High Court thinks fit, be appointed to be District Judge of two or more
districts.
(2) 2[The Government, in
consultation with the High Court, may appoint an additional District Judge for
any District or Sub-Division. An Additional District Judge shall discharge the
functions of a District Judge in one or more Sub* Divisions, as the Government
may direct; and]
(3) An Additional judge so appointed
shall 3[also] discharge any of the functions of the District Judge
which the District Judge may assign to him and in the discharge of these
functions, he shall exercise the same powers as the District judges.
30. Subordinate Judges. The Government may, 13[……] fix the number of
Sud-Judges to be appointed.
(2) Omitted by Act XXIII of 1992, see
section 8 thereof.
31. Pecuniary Limits; Jurisdiction of
Civil Courts. (1) The Court of the
District Judge shall have 7[unlimited] jurisdiction in original
suits 8[upto the value of Rs. 10,000/-.]
(2) The pecuniary limits of jurisdiction
of different classes of Sub-Judges will be as follows:---
1. First Class upto Rs. 9[25,000/*-]
2. Second Class upto Rs. 1,000/-
3. Third Class upto Rs.200/-
32. Local Limits of jurisdiction. (1) The local limits of jurisdiction of
a Subordinate judge shall be such as the High Court may define.
(2) When the High Court posts a Sub-Judge
to a District or a Tehsil, the local limits of the District or the Tehsil, as
the case may be, shall in the absence of any directions to the contrary, be
deemed to be the local limits of his jurisdiction.
33. Small Cause Courts. The High Court may confer within such local limits,
as it thinks fit, upon any subordinate Judge the jurisdiction of a Judge of a
Court of Small Causes under the Jammu and Kashmir State Small Cause Courts Act
of the Dogra Rule for the trial of suits cognizable by such Courts upto such
value not exceeding Rs. 500/- as it thinks fit, and may withdraw any
jurisdiction so conferred.
34. Places of sitting of Courts. (1) The High Court may fix the place or places at
which any Court under this Chapter may be held. Such place or places may be
beyond the local limits of the jurisdiction of the Court.
(2) Except as may be otherwise provided
by any order under this section a Court may be held at any place within the
local limits of its jurisdiction.
35. Omitted by the Act XXIII of 1992, see section 9 thereof.
36. Appeals. (1) Save as otherwise provided by any enactment for
the time being in force, an appeal from a decree or order of a District Judge
or Additional Judge exercising original jurisdiction shall lie to the High
Court.
(2) An appeal from a decree or order of a
Subordinate Judge shall lie:---
(a) to the District Judge where the value
of the original suit in which the decree or order was made, does not exceed Rs.
10[5000/-]; and
(b) to the High Court in any other case.
(3) Where the function of receiving any
appeal, which lies to the District Judge under sub-section (2) has been
assigned to an Additional Judge, the appeal may be preferred to the Additional
Judge.
(4) The High Court may, by notification,
direct that all appeals that lie to the District Judge from all or any of the
decrees or orders passed in an original suit by any Subordinate Judge shall be
preferred to such other Subordinate Judge as mentioned in the notification, and
the appeals shall thereupon be preferred accordingly; and the Court of such
other Subordinate Judge shall be deemed to be a District Court for the purpose
of all appeals so preferred.
37. Power to transfer cases. (1) A District Judge may transfer any appeal pending
before him from the decrees or orders of Subordinate Judges to any other
Subordinate Judge under his administrative control competent to dispose it of.
(2) The District Judge may withdraw any
appeal so transferred and either hear and dispose it of himself or transfer it
to a Court, under his administrative control, competent to dispose it of.
(3) Appeals transferred under this
section shall be disposed of subject to the rules applicable to like appeals
when disposed of by the District Judge.
38. Second appeals. (1) An appeal shall lie to the High Court from every
decree passed in appeal by any Court subordinate to the High Court on any of
the following ground, namely:---
(a) the decision being contrary to Law
for the time being in force;
(b) the decision having failed to
determine some material issue of Law;
(c) a substantial error or defect in the
procedure provided by the Code of Civil Procedure, or by this Act or by any
other law for the time being in force, which may possible have produced error
or defect in the decision of the case upon the merits.
(2) An appeal may lie under this section
from an appellate decree passed ex-parte.
(3) No second appeal shall lie in any
suit of the nature cognizable in court of Small Causes when tile amount or
value of the subject matter of the original suit does not exceed Rs. 500/- Rs.
500/-.
39. In other cases revision. The High Court may call for the record of any case
which has been decided by any court subordinate to it and in which no appeal
lies thereto and if such subordinate court appears:---
(a) to have exercised a jurisdiction not
vested in it by Law; or
(b) to have failed to exercise a
jurisdiction so vested; or
(c) to have acted in the exercise of its
jurisdiction illegally or with material irregularity; and may make such order
in the case as it thinks fit.
40. Limitation: (1) The period of limitation for an appeal under
Section 38 of this Act shall be 90 days from the date of the decree appealed
against.
(2) In computing this period and in all
respects not herein specified the limitation of an appeal under the said
section shall be deemed to be governed by the provisions of the Indian
Limitation Act, 1908.
40-A. Law of procedure. Subject to the provisions of this Act, the procedure
prescribed by the Code of Civil Procedure, 1908, shall as far as practicable,
be followed by all Civil Courts constituted under this Act.
CHAPTER-IV
SUBORDINATE CRIMINAL COURTS.
41. Classes of Criminal Courts. Besides the High Court and the Courts constituted
under any other law for the time being in force, there shall be four classes of
Criminal Courts in the Azad Jammu and Kashmir State, namely:---
1. Court of Sessions.
2. Magistrate of the 1st Class.
3. Magistrate of the 2nd Class.
4. Magistrate of the 3rd Class.
42. Sessions Court. (1) The Government may from time to time fix and
alter the limits of a Sessions Division, establish a Court of Sessions for
every such Sessions Division and appoint as many persons, as it thinks fit, to
be Sessions Judges and the High Court shall post one such person to each
Sessions Division as Sessions Judge of that Sessions Division:---
Provided that the same person, if the
Government thinks fit, be appointed Sessions Judge of two or more Sessions
Divisions.
(2) The Government may also appoint
Additional Sessions judge to exercise jurisdiction in one or more Sessions
Division.
43. District Magistrate and
Sub-Divisional Magistrates. (1) The
Government may from time to time fix or alter the limits of districts, divide
the district in Sub-Divisions and appoint a Magistrate of the 1st Class to be
known as District Magistrate incharge of each District.
(2) The High Court may appoint any
Magistrate of the Ist Class to be an Additional District Magistrate and the
Government may place any Magistrate of the Ist Class incharge of a Sub-Division
and relieve him of the charge as occasion requires.
44. Powers of Criminal Courts. (1) A Sessions Judge or Additional Sessions Judge may
pass any sentence authorized by law, but any sentence of death passed by any
such judge shall be subject to the confirmation 11[as provided by
the relevant law.]
(2) Courts of the Magistrates may,
subject to the provisions of Criminal Procedure Code, pass the following
sentences namely:---
(i) Court of Magistrate Imprisonment for
a term not 1st. Class exceeding two years including such solitary confinement
as is authorized by law. Fine not
exceeding 1,000/- rupees.
whipping.
(ii) Court of the Imprisonment for a term
not Magistrates 2nd exceeding six months including Class, such solitary
confinement as is authorized by Law. Fine not exceeding Rs. 2001.
(iii) Court of the Imprisonment for a
term not Magistrates 3rd exceeding one month. Fine Class not
exceeding Rs. 50/-.
45. Application of Criminal Procedure
Code. (1) Proceedings in all Criminal
Cases brought before the High Court in the exercise of. its original, appellate
or revisional jurisdiction or before any other Criminal Court, subject to its
superintendence, shall be regulated by the Code of Criminal Procedure:---
Provided that the Government may direct
that for such time and in such cases, as it thinks fit, when it appears from a
police report that the offence is one triable exclusively by a Court of
Sessions or one, which in the opinion of the Magistrate ought to be tried by
such Court, the Magistrate shall notwithstanding anything contained in Chapter
XVIII of the aforesaid Code, on perusal of the police report or when the
accused appears or is brought before him, make over the case to the Sessions
Court having jurisdiction for trial and shall forward the accused, if in
custody, and shall send all police reports relating to the case to that Court,
and every trial in the Court of Sessions shall be held with the aid of
assessors.
(2) The Government may also direct that,
for such time as it thinks fit, the procedure prescribed for the trial of
summons case by Chapter 20 of the said Code shall be adopted by the Courts in
all cases, subject, however, in the case of summary trials, to the provisions
of sections 263 to 265 of the Code.
46. Appeals. Appeal from any judgment, sentence or order of a
Criminal Court shall not lie except as provided for by the Code of Criminal
Procedure or by any other law for the time being in force.
CHAPTER-V
SUPPLEMENTARY PROVISIONS
47. Conferring and Continuance of
Powers. (1) Except as otherwise
provided by this Act, any powers that may be conferred by the High Court on any
person under this Code may be conferred on such person either by name or by
virtue of office.
(2) Whenever any person holding an office
in the service of the Government, who has been invested with any powers under
this Code throughout any local area, is transferred or posted, at any
subsequent time, to an equal or higher office of the same nature within a like local
area lie shall, unless the High Court otherwise directs, exercise the same
powers in the local area to which lie is so transferred and posted.
48. Laws to be administered. In questions regarding Inheritance to land, Immovable
property, Rent and Goods, Successions, Special property of females; Betrothal
Marriage, Divorce including all forms of dissolution of family relations,
Wills, Legacies, Gifts, Partitions, Contracts or any Religious usage or
institutions the rule of decisions shall be:---
(a) The Hindu Law where the parties are
Hindus;
(b) The Islamic Shariat according to
codified “Shar’a Mohammadi” “(Mohammadan Law)” where the parties are Muslims;
(c) the dictates of justice, equity and
good conscience according to law of the defendant or any law in force in all
other cases.
49. Azad Kashmir Penal Code. The provisions of the Indian Penal Code shall,
subject to any modification that may herein or hereafter be made, be applicable
to all offences committed in the territories administered by the Government and
shall constitute the Azad Kashmir Penal Code. All references to the Queen,
Government, British India etc, in the Indian Penal Code shall refer to Azad
Kashmir Government or
50 & 51. Omitted by the Act XXIII of 1992, see section 11
thereof.
52. Power to make rules. (1) The High Court may consistently with the laws for
time being in force make rules:---
(a) to regulate the practice of the
Court;
(b) to regulate the practice of the courts
subordinate thereto;
(c) to provide for the forms to be used
in the High Court and courts subordinate thereto for such proceedings, books,
entries, statistics and accounts as it thinks fit;
(d) to provide for the inspection of
courts subordinate thereto and supervision of the work thereof;
(e) Omitted by the Act XXIII of 1992, see
section 12 thereof.
(f) to call for returns and reports;
(g) to settle tables of fees to be
allowed to sheriffs, attorneys and all clerks and officers of the Courts:---
Provided that such rules, forms and
tables shall not be inconsistent with the provisions of any law for the time
being inforce and shall require the previous approval of the Government:---
(h) prescribing the qualifications for
admission of persons to be Advocates, Vakils, Pleaders and Attorneys-at-Law of
the High Court and providing for the removal or suspension from practice, on
reasonable cause, of the said Advocates, Vakils, Pleaders and Attorneys-at-Law;
(i) such rules shall be made with the
approval of a majority of the Judges of the Court and with the sanction of Azad
Jammu and Kashmir Government.
53. Saving Jurisdiction of High Court. Notwithstanding anything provided in any enactment to
the contrary no Judge of the High Court sitting in a Full Bench thereof, shall,
by reason of his having decided or otherwise dealt with any case, be debarred
from hearing and deciding the case.
54. Nothing herein contained and nothing contained in any other enactment
for the time being in force shall be deemed to affect in any way the inherent
power of the Azad Jammu and Kashmir Government to grant petitions of mercy and
pardon or its power of remitting, commuting, reducing or suspending sentences
conditionally or otherwise.
CHAPTER-VI
MUFTIS.
55 & 56. Omitted by the Act XXIII of 1992, see section 13
thereof.
CHAPTER VII
57. Law of Limitation. 12[(i) The provisions of the Indian
Limitation Act shall govern all suits, appeals and applications:---
Provided that the provisions of the Azad
Jammu and Kashmir Limitation Act of the Old Dogra Regime shall apply to suits
based on causes of action which accrued before coming into force of the Azad
Jammu and Kashmir Courts and Laws Code of 1949.
(ii) Notwithstanding anything contained
in Section the Civil Procedure Code or any other law for the time being in
force, proceedings in suits in which the cause of action accrued before coming
into force of the Azad Jammu and Kashmir Courts and Laws Code, 1949 and which
were dismissed on account of being time barred in consequence of a change in
the period of limitation due to the enforcement of the Indian Limitation Act
instead of the Jammu and Kashmir Limitation Act of Old Regime, shall be revived
and continued further by the courts concerned on the application of the party
adversely affected.]
58. Application of Law. Subject to the provisions of Section 48 of this Act
Indian Court Fees Act and Suits Valuation Act shall apply to all the suits
appeals and applications.
59. Omitted by the Act XXIII of 1992, see section 13 thereof.
CHAPTER-IX
LANGUAGE OF THE COURTS
60. Language of the High Court and the
Sub-ordinate Courts. Urdu shall be
language of the High Court and all Subordinate Courts,---
Provided that if the presiding officer of
a Court wishes to keep the record of any case or write the judgment in English
he may do so subject to conditions that:---
(1) A record in Urdu is also maintained
of the proceedings; and
(2) When the judgment is written in
English language and any of the parties to the suit or appeal, or if they were
represented by Counsel, their Counsel are not acquainted with English Language
the Judgment must, if any of, the parties so required, be translated into Urdu.
1. This Act came In to force on
10-6-1949, see section 3 of Act 1 of 1952, as passed under G.O. No. 185152,
dated 31-3-1952, and has been reported from the AJ&K Laws Code, Vol. II.
2. Substituted by Act XXIII of 1992, see
section 2 thereof.
3. Inserted by ibid see sections 2, 4
& 7.
4. Sub-section (2) of section 13 was
deleted and remaining sub-sections (3) & (4) were renumbered as (2) &
(3) by the AJ&K Courts and Laws Code (Amendment) Ordinance, 1975 (Ordinance
XVII of 1975) but it could not be determined positively from the published
issues of Government Gazette of AJ&K whether said Ordinance had ever been
protected by an Act of the Legislative Assembly. The Law Department should take
notice of thus ambiguity.
5. Word “also” deleted by the AJ&K
Courts and Laws Code (Amendment)’Act, 1985 (Act XXXI of 1985, see section 3
thereof.
6. Words with in brackets were to be
replaced by the Ordinance XVII of 1975 with the words “the case shall lx
referred to a third judge and his opinion shall prevail.” see note 4 above.
7. Inserted by ibid, see note 4 above.
8. Deleted by ibid, see note 4 above.
9. Substituted by ibid for figures
5000/-, see note 4 above.
10. Substituted by ibid for figures
2500/-, see note 4 above.
11. Substituted by XXIII of 1992, for the
words “by the Government”.
12. Substituted by the AJ&K Courts
and Laws Code (Amendment) Act 1952 (Act
1 of 1952, see G. O. No. 185152 dated
31-3-1952.
13. Words “after consultation with the
High Court” deleted by the Act XXIII 1992,
see section 8 thereof.
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