Forum of appeal — Condonation of delay — Where appeal was filed in the Court of District Judge instead of the High Court, the delay was not condoned in view of the clear provisions of AJK Courts and Laws Code, 1949 — the mistake cannot be regarded as bonafide rather the same would be the result of negligence. Abdul Karim v. Kaka Khan and another 1995 SCR 313 (A)
S. 36 (2)(A) — Appeal — Forum of — Forum of appeal is to be determined on the jurisdictional value given in the plaint and not the subject matter of the appeal. MUHAMMAD HUSSAIN vs. MUHAMMAD AFSAR and 5 others 2002 SCR 420 (A)
Section 13 (1), 16, 17 and 18,The AJ&K Interim Constitution Act, 1974, Section 44 — High Court has been vested with the powers to exercise jurisdictions in different matters — Original, Civil and Criminal Jurisdiction — the High Court is also vested with the extraordinary Constitutional jurisdiction under section 44 of the AJ&K Interim Constitution Act, 1974 — The powers conferred upon the High Court under the Constitution have to be exercised subject to the Constitutional limits, which can be invoked for the purpose to meet the extraordinary situations. Naik Muhammad v. Azad Govt. & 17 others 2016 SCR 1128 (A) 2004 MLD 212, PLD 2004 SC 271 and PLD 1993 Lah.545 rel.
- Section 36 — forum of appeal — determination of — as per value fixed in the plaint — According to the statutory provisions of section 36 of the Azad Jammu and Kashmir Courts and Laws Code, 1949, in such like cases, the forum of appeal has to be determined on the basis of the value fixed in the original plaint. M. Azeem Khan v. M. Akram Khan (deceased) 2016 SCR 315 (A)
- Forum of appeal — determination of — value fixed in suit— or value of subject matter —.both expression are distinct and different — whether for determination of the forum of appeal, the consideration will be the value fixed in the suit or the value of subject matter. In our considered opinion, the expressions ‘suit value’ and ‘value of the subject matter’ are distinct and different. M. Azeem Khan v. M. Akram Khan (deceased) & others 2016 SCR 315 (B) 2001 SCR 49 rel.
- Forum of appeal — determination of — against judgment of trial court — value of the suit — it is settled in the light of the appreciation of the statutory provision as well as principle of law enunciated by this Court that for determination of forum of appeal against the judgment of trial Court, (Sub Judge/Civil Judge), the value of the suit is of basic consideration and not the value of subject matter. M. Azeem Khan v. M. Akram Khan (deceased) & others 2016 SCR 315 (C) 2002 SCR 420, PLJ 1987 SC 262 &PLJ 1985 SC 475 rel.
- —Section 48, the Azad Jammu and Kashmir Court and Laws Code, 1949—Personal laws of the Muslim and Hindu were given protection but not customary laws — In section 48, personal law of the Hindus and the Muslims with respect to their respective rights in certain matters was given legal protection but customary law was not given legal cover. Muhammad Zareed & others v. Muhammad Haroon & others 2022 SCR 1685 (F)