The Appellate Jurisdiction (High Courts and Supreme Court) (Amendment) Ordinance, 1962 (Ordinance No. LXXIII of 1962)

Updated: Tuesday January 14, 2014/AthThulatha Rabi' Awwal 13, 1435/Mangalavara Pausa 24, 1935, at 03:03:10 PM

The Appellate Jurisdiction (High Courts and Supreme Court) (Amendment) Ordinance, 1962

ORDINANCE No LXXIII of 1962

[18th August, 1962]

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

[Approved by the National Assembly of Pakistan on the 7th Dec., 1962, see Gaz. of P., 1962, Ext., p. 1547b 1547c]

WHEREAS it is expedient to amend the Appellate Jurisdiction L of (High Courts and Supreme Court) Ordinance, 1962, for the 1962 purposes hereinafter appearing; (L of 1962);

AND WHEREAS the National Assembly is not in session and the President is satisfied that circumstances exist which render immediate legislation necessary;

Now, THEREFORE, in exercise of the powers conferred by clause (1) of Article 29 of the Constitution, the President is pleased to make and promulgate the following Ordinance:---

1. Short title and commencement.-(1) This Ordinance may be called the Appellate Jurisdiction (High Courts and Supreme Court) (Amendment) Ordinance, 1962.

(2) It shall come into force at once.

2. Amendment of section 2, Ordinance L of 1962. In the Appellate Jurisdiction (High Courts and Supreme Am Court) Ordinance, 1962, hereinafter referred to as the said Ordinance, in section 2, for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added and shall be deemed always to have been so added, namely:---

“Provided that any such appeal pending before a High Court immediately before the commencement of this Ordinance shall be continued in, and heard and disposed of by, such High Court as if this Ordinance had not been promulgated.”.

3. Omission of section 3, Ordinance L of 1962. Section 3 of the said Ordinance shall be omitted.

4. Provision regarding appeals transferred to the Supreme Court. An appeal transferred to the Supreme Court under section 3 of the said Ordinance,---

(i) if it has been decided and disposed of by the Supreme Court before the commencement of this Ordinance, shall, notwithstanding the amendment of the said Ordinance by this Ordinance, be deemed to have been validly decided and disposed of, and

(ii) if it has not been so decided and disposed of, shall be re-transferred to the High Court concerned for hearing and disposal under the proviso to section 2 of the said Ordinance as added by this Ordinance.