Board
of Judicial Advisors Procedure Rules
1941
Legal Document No
67
(Extract)
LEAVE TO APPEAL
VIII. An appeal shall be
brought either in pursuance of leave obtained from the
court appealed from, or, in the absence of such leave,
in pursuance of special leave to appeal granted by His
Highness upon a petition in this behalf presented by
the appellant.
SPECIAL LEAVE TO APPEAL
IX. A petition for special
leave to appeal to His Highness shall be filed before
the Registrar of the Board. It shall state succinctly
and clearly all such facts as it may be necessary to
state to enable the Board to advice His Highness
whether such leave ought to be granted and shall be
signed either by a counsel or by the party himself if
he appears in person or by his agent. It shall be
accompanied by a copy of the judgment sought to be
appealed from and a copy of the judgment (if any) of
each of the courts below. The petition shall deal with
facts only so far as is necessary for the purpose of
explaining and supporting the particular grounds upon
which special leave is sought.
ADVICE
LII. The advice recorded by
the Board shall indicate, by whom the costs of the
proceedings before it and the courts below (if any)
shall be paid and who should bear the costs of the
reference. It shall not be delivered at or after the
hearing and shall be treated as a confidential
document till His Highness has passed orders on the
same. It shall be handed over to the Registrar of the
Board, who shall fore and the same, to the Prime
Minister for submission to His Highness.
LIII. When the orders of His
Highness have been passed, the Registrar of the Board
shall prepare a Decree or a Formal Order in terms of
His Highness' Orders. The Decree or formal order
besides embodying the orders of His Highness in
respect of the subject matter of the proceedings
before the Board, shall show how the costs incurred in
them are to be borne.
LIV. When a Decree or Formal
Order has been prepared as directed in the Rule
proceeding, a copy of the advice and the Decree or the
Formal Order as the case may be, shall be sent to the
High Court, or to the Registrar of the Department from
which the reference arose. The original record of the
case shall be sent back to the Registrar of the court
or department concerned, by the Registrar of the
Board.
|