Courts and Laws Code 1949

  1. S. 5 (1) — lays down that the president could appoint an Additional Judge if it is intended to increase the number of judges — This provision being a sub constitutional law is repugnant to sub section (6) of section 43 of the Constitution Act — An Additional Judge of a High Court is a creation of the constitution and a sub constitutional provision cannot create another category of Additional Judges. Ghulam Mustafa Moughal  v. AJK Government 1993 SCR 131 (G)
  2. Section 31 (A) — Pecuniary Jurisdiction of District Judge — So far as the question of pecuniary jurisdiction of District Judge is concerned, that is unlimited under section 31 (A) of the Code — The fact that under section 31(2) of the Courts and Laws Code, the pecuniary jurisdiction of Sub-Judge is Rs.25,000/-, does not imply that the suits which have pecuniary jurisdiction to the tune of Rs.25,000/- or less are not triable by the District Judge. Iftikhar Ahmad v. Ghulam Rasool and 4 others 1999 SCR 199 (A)
  3. Superintendence and control of subordinate courts — S.35 — So for as the question of exercise of powers of superintendence and control under S. 115, CPC and S. 35 of the and Courts and Laws Code, 1949 or S. 46 of the AJK Interim Constitution act 1974 is ctoncerned, that is to be exercised sparingly and only in special cases and that too, after hearing the party which is likely to be adversely affected. M.A.Farooq v. Mansoor Ahmed Naqshbandi & others 1993 SCR 78 (B)
  4. Chap. VIII of Courts and Laws Code — S.58 — Court Fee Act was made applicable on suits, appeals and applications in 1949 — This Act still holds ground in AJ&K — Argument that Court Fee Act is not applicable repelled. Ch. Muhammad Suleman v. Collector Land Acquisition Mangla Dam Raising Project & 9 others 2010 SCR 106 (E)
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