Friday, January 25, 2013

The Constitution of the Islamic Republic of Pakistan Paper I of LLb Part II Bar of Jurisdiction Decision of Court binding on High Court and Courts subordinate to it Pending proceedings to continue Contempt of Court Remuneration, etc., of Judges

203-G. Save as provided in Article 203-F, no Court or tribunal, including the Supreme Court and a High Court, shall entertain any proceedings or exercise any power or jurisdiction in respect of any matter within the power or jurisdiction of the Court.

[203GG. Subject to Articles 203-D and 203-F, any decision of the Court in the exercise of its jurisdiction under this Chapter shall be binding on a High Court and on all Courts subordinate to a High Court.]
203-H (1) Subject to clause (2) nothing in this Chapter shall be deemed to require any proceedings pending in any Court or tribunal immediately before the commencement of this Chapter or initiated after such ommencement, to be adjourned or stayed by reason only of a petition having been made to the Court for a decision as to whether or not a law or provision of law relevant to the decision of the point in issue in such proceedings is repugnant to the Injunctions of Islam; and all such proceedings shall continue, and the point
in issue therein shall be decided, in accordance with the law for the time being in force.

(2)       All proceedings under clause (1) of Article 203-B of the Constitution that may be pending before any High Court immediately before the commencement of this Chapter shall Bar of Jurisdiction Decision of Court binding on High Court and Courts subordinate to it Pending proceedings to continue, etc  
203J. stand transferred to the Court and shall be dealt with by the Court from the stage from which they are so transferred.

(3)       Neither the Court nor the Supreme Court shall in the exercise of its jurisdiction under this Chapter have power to grant an injunction or make any interim order in relation to any proceedings pending in any other Court or tribunal.

203-I.  [Administrative arrangements, etc., ] Omitted by P.O. 5 of 1982) Art, 8.

(1) The Court may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.

(2)       In particular, and without prejudice to the generality of the foregoing power, such rules may make provision in respect of all or any of the following matters, namely:-

(a)       the scale of payment of honoraria to be made to jurisconsults, experts and witnesses summoned by
the court to defray the expenses, if any, incurred by them in attending for the purposes of the proceedings
before the Court ;

(b)       the form of oath to be made by a jurisdictional, expert or witness appearing before the Court;

[(c)       the powers and functions of the Court being exercised or performed by Benches consisting of one
or more members constituted by the Chief Justice;

(d)       the decision of the Court being expressed in terms of the opinion of the majority of its members or,
as the case may be, of the members constituting a Bench; and

(e)       the decision of cases in which the members constituting a Bench are equally divided in their
opinion].

(3)       Until rules are made under clause (1), the Shariat Benches of Superior Court Rules, 1979, shall, with the necessary modifications and so far as they are not inconsistent with the provisions of this Chapter, continue in force.
 [204 (1)  In this Article, “Court” means of Supreme Court or a High Court.

(2)       A Court shall have power to punish any person who-


(a)       abuses, interferes with or obstructs the process of the Court in any way or disobeys any order
of the Court;
(b)       scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of
the Court into hatred, ridicule or contempt;

(c)        does anything which tends to prejudice the determination of a matter pending before the Court; or

(d)       does any other thing which, by law, constitutes contempt of the Court.]

(3)       The exercise of the power conferred on a Court by this Article may be regulated by law and, subject to law, by rules made by the Court.]


205. The remuneration and other terms and conditions of service of a Judge of the Supreme Court or of a High Court shall be as provided in the Fifth Schedule.

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