Jammu and Kashmir Government Notification order No.1, 26th March 1928
WHEREAS it is expedient to establish a High Court of Judicature for the Jammu and Kashmir State, His Highness the Maharaja Bahadur is pleased to command as follows:
1. That with effect from the fifteenth day of Baisakh Samvat One thousand nine hundred and eighty five, the High Court of Judicature Jammu and Kashmir State shall be constituted and shall consist of a Chief Justice and two or more Judges, as His Highness the Maharaja Bahadur may from time to time, think fit to appoint. One of the Judges shall have revenue experience and shall be styled Judge High Court and Revenue Commissioner. The Chief Justice and every Judge of the High Court of Judicature shall hold office during His Highness the Maharaja Bahadur’s pleasure.
2. The said Court shall henceforth be styled the Court of judicature Jammu and Kashmir State.
3. Oath of Office
The Chief Justice and every Judge of the High Court of Judicature previously to entering upon the execution of the duties of their respective offices shall make and subscribe the following declaration before His Highness the Maharaja Bahadur, or such officer as may be appointed in this behalf:
“I …… appointed Chief Justice (or a Judge) of the High Court of Judicature Jammu and Kashmir State, do solemnly declare that I will administer Justice according to the law and usage of the Realm, without fear or favour, affection or ill-will”.
4. Seal
The High Court of Judicature shall leave and use, as occasion may require, a seal bearing a device and impression of the Jammu and Kashmir Court of Arms with an exergue or label surrounding the same, with this inscription, “The Seal of the High Court of Judicature Jammu and Kashmir.”
The said seal shall be delivered to find kept in the custody of the Chief Justice or of an officer of the court from time to time nominated by the Chief Justice.
5. Writs etc.
All writs, summons, precepts, rules, orders and other mandatory processes to be used, or issued or awarded by the High Court of Judicature shall run and be in the name and style of His Highness the Maharaja Bahadur and shall be sealed with the seal of the Court.
6. Original Jurisdiction.
a. The High Court of Judicature shall have jurisdiction to hear and determine any original proceeding, or any suit of which the value is not less than Rs. 10,000 and notwithstanding anything contained in Section 15 of the Code of Civil Procedure of Samvat Year 1977, every such suit or proceeding shall be instituted in the High Court of Judicature. Provided that nothing in this Clause shall affect the Provisions of Section 24 of the Code of Civil Procedure of Samvat year 1977, in respect of a suit, appeal, or other proceeding pending before a court subordinate to it to try or dispose of the same.
b. The High Court of Judicature shall be deemed for the purposes of all enactments, for the time being in force, to be the highest Civil Court of appeal and revision.
c. The High Court of Judicature shall be the highest court of Criminal appeal.
d. The High Court of Judicature shall be empowered to hear and decide such revenue appeals as may be specified by general or special orders of His Highness in this behalf and shall be deemed to be the highest court of revenue appeal.
1. Jurisdiction by Judges of the Court
a. Except as otherwise provided by any enactment for the time being in force, and subject to any rules made under this order, with the sanction of His Highness the Maharaja Bahadur, the jurisdiction of the High Court of Judicature may be exercised by a single Judge of the Court or by a bench of two or more Judges of the Court.
b. Revenue appeals and revisions shall first be heard by the Revenue Commissioner sitting alone and appeals, against his decisions shall lie to a bench consisting of two other Judges of the Court.
c. Subject to the provisions of clause (b) above, the Chief Justice shall determine which judge in each case shall sit alone and which Judges of the Court shall constitute a bench.
1. Appeals from Civil Jurisdiction
Except as otherwise provided by any enactment for the time being in force, an appeal from any original decree, or from any order against which an appeal is permitted by any law for the time being in force, made by a single Judge of the High Court of Judicature shall lie to a bench consisting of two other judges of the Court.
2. Ram of decision when Judges differ
a. When there is a difference of opinion among the Judges composing any bench of the High Court of Judicature the decision shall be in accordance with the opinion of the majority of the Judges.
b. if there is no such majority then:
i. If the bench is a full bench, the decision shall be in accordance with the decision of the Senior Judge, and
ii. In other cases the bench before which the difference has arisen shall either refer the question to a full bench, or refer the whole case for decision to the full bench.
1. Power to refer question to a full bench or a bench
a. Any single Judge and any bench of two Judges of the High Court of Judicature, not being a full bench, may, in any case, refer for the decision of a full bench any question of law, or custom having the force of law, or of the construction of any document, or of the admissibility of any evidence, arising before the Judge or the bench and shall dispose of the case in accordance with the decision of the full bench.
b. Any Judge of the High Court of Judicature may if he thinks fit, refer any appeal or application coming before him for hearing as a single Judge to a bench of two Judges for decision.
1. Superintendence and control of subordinate courts
a. Subject to such rules and regulations as His Highness the Maharaja Bahadur may be pleased to frame in this behalf, the general superintendence and control over all courts shall be vested in, any they shall be subordinate to, the High Court of Judicature.
b. The Chief Justice or a Judge of the High Court of Judicature appointed by him, shall from time to time visit and inspect the proceedings of the courts subordinate to the High Court of Judicature and shall give such directions in matters not provided for by law as may be necessary to secure the due administration of Justice.
1. Ministerial Officers
a. The High Court of Judicature may, subject to the sanction of His Highness the Maharaja Bahadur, and on such terms as to salary, allowance, promotion, leave, suspension and dismissal, as may be sanctioned by His Highness the Maharaja Bahadur, appoint a Registrar, a Deputy Registrar, and such other Ministerial officers as may be necessary for the administration of justice by the Court and for exercise and perfoinZance of the powers conferred, and duties imposed on it by this order, or by any other enactment for the time being a force.
b. The Officers so appointed shall exercise such powers and discharge such duties as the High Court of Judicature may direct.
c. The High Court of Judicature may delegate to the Registrar, the Deputy Registrar, or both, such judicial, quasijudicial or administrative powers as it may deem fit.
1. Appointments and powers of subordinate Judicial Officers
a. The appointments of the District and Sessions Judges, Subordinate Judges and Munsiffs shall be made by His Highness the Maharaja Bahadur on recommendation of the High Court of Judicature.
b. The High Court of Judicature shall have power to! transfer and grant leave to subordinate Judges and Munsiffs.
c. The High Court of Judicature may, subject to the sanction of His Highness the Maharaja Bahadur, grant leave to, and transfer District and Sessions Judges and may confer civil and criminal powers according to law on District and Sessions Judges, subordinate Judges, Munsiffs, District Magistrates, Sub-Divisional Magistrates and other officers exercising judicial functions.
d. The High Court of Judicature shall have no independent power of punishment, such as reduction, suspension and dismissal of judicial officers, but it shall have the powers to enquire into cases of misconduct and submit its recommendations for the orders of His Highness the Maharaja Bahadur.
1. Place of sitting
The usual places of sitting of the High Court of Judicature shall be Jammu and Srinagar.
2. Special commissions and circuit
Whenever it appears to the Chief Justice convenient that the jurisdiction and power vested hl the High Court of Judicature by this order or by any other law for the time being in force, should be exercised in any place within the jurisdiction of any court subject to the superintendence of the High Court of Judicature other than the usual places of sitting of the High Court of Judicature or at several such places by way of circuit, one or more Judges of the High Court of Judicature shall hold court at such place or places.
3. Requisitions by His Highness the Maharaja Bahadur
The High Court of Judicature shall comply with such requisitions, as may, from time to time, be made under the commands of His Highness the Maharaja Bahadur for records, returns and statements.
4. Confirmation of sentences
Cases requiring confirmation of sentences of death or of imprisonment for life shall be submitted to His Highness the Maharaja Bahadur for confirmation in accordance with the provision of the Code of Criminal procedure.
5. Power to make rules
(a) The High Court of Judicature, may with the sanction of His Highness the Maharaja Bahadur, and after l revious publication and consistently with the provisions of the codes of civil and criminal procedure and of any other law in force for the time being, make rules.
i. to regulate the practice of the court.
ii. to regulate the practice of the courts subordinate thereto.
iii. to provide for the forms to be used in the High Court of judicature and the courts subordinate thereto for such proceedings, hooks, entries, statistics, and accounts as it thinks fit.
iv. to provide for the inspection of courts subordinate thereto and the supervision of the work thereof.
v. to regulate all such matters as it may think fit with a view promote the efficiency of the judicial and ministerial officers of the High Court of Judicature and of the courts subordinate thereto, and the maintaining of proper discipline among those officers.
vi. Such rules shall be made with the approval of a majority of the Judges of the Court.
1. Admission of Advocates, etc.
a. The High Court of Judicature shall have the power to approve, admit and enroll advocates, vakils and attorneys-at-law subject to a limit fixed by His Highness the Maharaja Bahadur.
b. The High Court of Judicature shall have power to make rules, from time to time, with the sanction of His Highness the Maharaja Bahadur, for the qualification and admission of proper persons to be advocates, vakils and attorneys-at-law of the High Court of Judicature and it shall also have the power to remove or suspend from practice, on reasonable clause, the said advocates, vakils and attorneys-at-law
1. Contempt
a. All appeals, revision and other judicial proceedings pending on the civil or criminal side of the High Court on the date on which this order comes into force, shall be continued, heard and determined in the High Court of Judicature for the Jammu and Kashmir State according to law.
b. All appeals and revisions against the decrees and orders of the High Court of which any competent authority may be seized on the date on which this. Order comes into force, shall be transferred to the High Court of Judicature as constituted by this order for final disposal.
c. All appeals, revisions and reviews against the judgements and orders of the H;QI1 Court which can and may be duly filed on and after the date on which this order comes into force shall be entertained and finally disposed of by the High Court of Judicature.
d. Revenue appeals and revisions pending before His Highness or in the Court of the Revenue Minister may, by His Higllness’ general or special orders, be transferred for decision to the High Court of Judicature.
e. All pending applications for the review of the orders of His Highness the Maharaja Bahadur in appeal or revision against the orders of the High Court or of the Revenue Minister or such applications as may be presented hereafter till this order comes into force, will be dealt with and disposed of as heretofore.
f. No Judge of the High Court of Judicature sitting in a full bench thereof, notwithstanding anything to the contrary provided anywhere, shall by reason of his having decided or otherwise dealt with anycase referred to in clauses (a), (b). (c), (d) and (e) above, be barred from hearing and deciding the same.
1. Consequential changes
Consequent on the promulgation of this order, all the changes required to bring the existing laws, regulations or enactments into conformity with the provisions of this order shall be made at as early a date as possible with the sanction of His Highness the Maharaja Bahadur.
2. Royal prerogative.
a. Nothing herein contained and nothing contained in any other law for the time being in force, shall be deemed to affect in any way, or derogate from the inherent power and prerogative of His Highness the Maharaja Bahadur or to affect in any way his prerogative of mercy and pardon, or his power of remitting, commuting or reducing sentences conditionally or otherwise, or to bar the full and unqualified exercise of His Highness the Maharaja Bahadur’s pleasure in calling for the record of any case or proceeding whether pending before or decided by, the High Court of Judicature or any court subordinate thereto, or to pass such orders thereon as may be in accordance witl1 the law and usage of the Realm and consonant with the dictates of justice, equity and good conscience.
b. Except as provided by this order, there shall be no appeal or revision against the decree and orders of the High Court of Judicature for Jammu and Kashmir State.