The Punjab Courts Laws (Extension) Act, 1957
The Punjab Courts Laws (Extension) Act, 1957
1. Short title and commencement.
(1) This Act may be callcd the Punjab Courts Laws (Extension) Act, 1957. (2) It shall come into forcc at once.
2. Interpretation.
In this Acc.unless the context otherwise requires,- (a) 'appointed date' means the 1 sr November, 1956 ; (b) 'Pepsu High Coui't' means the High Coun exercising immediately before the appointed datc jurisdiction in relation to the-state of Patiala and East Punjab s taies ~ n i o n as it existed before that dale ; (c) 'Punjab High Court' means the High Court exercising immediately before the appoinrcd date jurisdiction in relalion to [he State of Punjab as it csisted bcfore that date ; ( d ) transferred terri tories' means the terrilories which immediate1 y before t h e appointed date were comprised in the State of PatiaIa and Easi- Punjab Stares Union.
3. The Punjab General Clauses Act, 1896, shall apply for the interpretation of this Act as it applies for the interpretation of a Punjab Act.
The Punjab Gcncral Clauses Act, 1896, shall apply for the interpretation of this Act as it applies for the interpretation of a Punjab Act.
4. Extension of certain laws to transferred territories.
The Punjab Courts ACL, 1918 (Punjab Act No. VI of 191 8), the High Courts punjab) Ordcr, 1947, Rules andgrders of the Punjab figh Court and all Laws and Regulations pertaining to pratice and procedure of the said High Courts and Courts under its superintendence as in force i mimediately before the appointed date in tern tories under the jurisdiction or rht: Punjab High Court are hcrchy cxtended to and sllall be in force in transferred temtories : Provided that: all second appcals arising out of suits which were instituted in the courts of the transferred territories before the appointed date shall continue to be governcd by the provisions of section 49 of the Patjala and East Punjab Slates Union Judicature Ordinance. 2005 (Pepsu Ordinance No. X of 2005 Bk.) : Provided further that nothing contained hcrein shall in any manner nrfecr the operalion of thc provisions OF section 100, sub-sections (2) and (3) of.section 105, section 107, section 109 and section 110 of the Paciala and Easr Punjab States Union Judicature Ordinance, 2005 (Pepsu Ordinance No. X of 2005 Bk.)
5. Notwithstanding anything to the contrary contained in any law for the time being in force the High Court for the States
Nolwithstanding anything Lo the contrary contained in any law for the time being in force thc High Court for the States of Punjab and Haryiulii shalt in rclat ion to Sub Judgcs-cum-Magislratcs posted fro~n tirnc lo tirnc at any place in the transfel~ed rcrritories have the same powers and exercise the same conlrol as the Pepsu l ~ g h Coun had and exercised in respecr of them irnrnedintcly before h e appointed date.
6. Construction of certain references.
In tlie Act, Ordcr, Rule and Order or Law and Rcgulation ~-eiclrccl 10 i l l section 4 any reCerrncc- ( I ) to a law which is not in force in the Lransferred rerrirories shall in rclation to such territories be conslrued as a rerercnce to thc corresponding law, if any? in force in such tcrrirorics, and; (2) to State of Punjab, by whatever form of wards shall be cons~rucd as including a rererence to the transferred tcrri tories.
7. Repeals and savings.
if immediately before the commencement or this Act the is in forcc in thc transferred tcnilolies any law corresponding to the Act or Order or any Rule and Order or any Law and Rcgulation now extended to rhose tcrtitories that law, shall save as nlhenvisc expressly provided in this Act, stand repealed: Provided that the rcpcal shall not aliect :- (a) thc previous operation of any law so repealed or anything duly done or suffcrcd thereunder ; or (b) any right: privilege. obligation 01' liability acquired. accrued or inculred under any law so repealcd ; or (c) any penalty, forfeiture or punishment incurred in respect of any offencc commirtcd against any law so repealed ; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishrncn~ as aforesaid ; and any such investigation, legal proceeding or remedy may be instituted, . continued or enforced and any such penalty, forfeiture or punishment may bc imposed as if this Act had not: been passcd : Providcd further that anvrhing done or any actiorl taken under any law so repealed shall be decmed to have been done or taken under the corresponding provision of the Act or Order or any Rule and Order or any Law and Regulation extcndcd by seclion 4 to lhc transferred te~rories and shall continue to be in force according1 y unless and until1 superseded by any thing done or any action taken under rhe Act, Order, Rule and order or Law and Rcgularion so extended.
8. For purposes of facilitating the application in the transferred territories of the Act, Order, Rule and Order or Law
For purposes of facilitating thc applicalion in [he tr-ansferrcd lemtories or the Act, Ordcr, Rule and Order or Law and Regulation any Court or authority may constl-ue the same with such alteraiions not affcccing the substance as may be necessary or pt-opcr to adapt it In the matter belore thc court or aulhority.
9. If any difficulty arises in giving effect in the transferred territories to the provisions of the Act, Order, Rule and
II any dit'ficully ariscs in giving efFect i n the transferred territories tu thc provisions of the Act, Order-, Rule and Order or Law and Regulation cxtended by scction 4, the State Government, may in cnnsultalion with the High Court, by ordcr notiried in the Official G L L Z C ~ ~ C , nizkc such ~ I - O V ~ S ~ O I I S UI give such djrccrions as iippeilr to i t to be ncccssary or expedient for thc removal of thc difficulty.
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