11
Pending proceedings to continue etc.
Act: Azad Jammu and Kashmir Shariat Court Act 1993
Section Provisions
THE AZAD JAMMU AND KASHMIR SHARIAT COURT ACT, 1993 THE AZAD JAMMU AND KASHMIR SHARIAT COURT ACT, 1993 (ACT IX OF 1993) [Dated March 16, 1993] AN ACT to provide for law relating to the constitution of Azad Jammu and Kashmir Shariat Court. WHEREAS it is expedient to provide for law relating to the constitution of Azad Jammu and Kashmir Shariat Court, in the manner hereinafter appearing ; It is hereby enacted as follows :‑ 11. Pending proceedings to continue etc.------- (1) Subject to sub‑section (2) nothing in this Act shall be deemed to require any proceedings pending ill any court or tribunal immediately before tile commencement of this Act or initiated after such commencement, 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 there in shall be decided, in accordance with tile law for the time being in force. (2) All proceedings pending before any High Court, Shariat Bench or in the Appellate Shariat Bench immediately before tile commencement of this Act shall stand transferred to the Court and shall be dealt with by the Court from the stage from which they are so transferred. (3) The Court in the exercise of its jurisdiction under this Act shall not grant an injunction or make any interim order in relation to any proceedings pending in any other Court or tribunal.