RULE

THE AZAD JAMMU AND KASHMIR THE AZAD JAMMU AND KASHMIR SUITS VALUATION RULES, 1956 (Annexure 'A' to Council Order No. 168/56, Dated 17‑5‑1956) Rules made by the High Court under the powers conferred by Section 9 of the Suits Valuation Act and all other powers on that behalf for determining the Value of the subject matter of certain classes of suits for the purposes of jurisdiction. 1. Restitution of conjugal rights. (i) Suits in which the plaintiff in the plaint asks for a decree against the other party to the alleged marriage, either alone, or with other defendant for restitution of conjugal rights; (ii) Similar suits for a decree establishing or annulling or disolving a marriage; (iii) Suits in which the plaintiff in the plaint asks for a decree establishing a right to the custody or guardian‑ship of a minor, guardianship for the purposes of marriage; (iv) Suits in which the plaintiff in the plaint asks for a decree establishing or annulling an adoption, including under the expression adoption the customary appointment of an heir‑‑‑‑ (a) For the purpose of the Court Fees Act, suits of classes (i) with exception noted below, (ii), (iii) and (iv)‑‑‑Rs.200/‑; (b) For the purpose of Suits Valuation Act and the Courts Act, suit of classes (i) and (ii) ‑‑‑‑‑‑‑‑‑‑‑Rs.1000/‑, suits of classes (iii) and (iv)‑‑‑‑‑such sum exceeding Rs. 500/‑ and not exceeding Rs.1000/‑ as the plaintiff shall state in the plaint. Explanation:‑ Classes (i) and (ii) do not include petitions under any special Act relating to the dissolution of marriage. 2. Suits to set aside alienation. Suits by a plaintiff, during the life time of a person alleged to have a restricted power of alienation in respect of immovable property in which the plaintiff in the plaint seeks to have an alienation ‑ of immovable property made by such person declared to be void, except for the life of such person or for some other determinate period _______________ Value (a) for the purposes of the Court Fee Act‑‑‑‑‑‑‑‑as determined by that Act; (b) for the purposes of the Suits Valuation Act, and the Courts Act‑‑‑ (i) When the alienation is by a written instrument which declares the value of the interest purporting to be created or the amount of the consideration for which the alienation is made‑‑‑‑‑‑‑such value or amount; (ii) In other cases the market value, at the date of institution of the suit, of the property alienated: Subject in either case of the provisions of Part‑I of the Suits Valuation Act, and of the Rules in force under the said part, so far as those provisions are applicable. 3. Suits for accounts. Suits in which the plaintiff in the please asks for accounts only, not being suits to recover the amount which may be found due to the plaintiff on taking unsettled ,accounts between him and the defendant or defendants or suits of either of the kinds described in order XX, Rule 13 of the Code of Civil Procedure‑‑‑‑ Value (a) For the purposes of the Court Fees Act as determined by that Act: (b) For the purposes of the Suits Valuation Act, and the Courts Act, such amount exceeding Rs. 100/‑ and not exceeding Rs. 500/‑ as the plaintiff may state in the plaint. 4 Suits to establish or negative certain right. Suits in which the plaintiff in the plaint seeks to establish or to negative any right hereinafter mentioned with or without an injunction and with or without damages, namely, a right of way; a right to open or maintain or close a door or a window, or a drain, or a waterspout (parnalas); a right to or in a water‑course or to the use of water, a right to build or raise or alter or demolish a wall or to use an alleged party wall or joint staircase. Value (a) For purposes of the Court‑Fees Act, as determined by that Act; (b) For the purposes of the Suits Valuation Act, and Courts Act: (i) If damages are not claimed such amount exceeding Rs 500/‑ as the plaintiff may state in his plaint; (ii) if damages are claimed, the amount of such damages increased by Rs. 100/‑, 5. Suits relating to arbitration. Suits in which the plaintiff in the plaint seeks to set aside an award and applications registered as suits under the provisions of section 20 of the Arbitration Act (to file an agreement to refer to arbitration) or of section 14 of the said Act (to file an award), when or so far as the award or the agreement relates to property‑‑‑‑ Value (a) For the purposes of. the Court Fees Act as determined by that Act; (b) For the purposes of the Suits. Valuation Act and Courts Act the market value of the property in dispute, subject to, the provisions of Part‑I of the .Suits Valuation Act, and the .Rules in force under the said part, so far as those provisions are applicable. 6. Suits for mere declaration: Suits in which the plaintiff in the plaint asks for a mere declaration without any consequential relief in respect of property other than land assessed to Land Revenue‑‑‑‑ Value (a) For purposes of the Court Fees Act, as determined by that Act; (b) For the purposes of the Suits Valuation Act, the market value of the property, at the date of institution of the suit. 7. The foregoing rules are subject to the following explanations:‑ (i) the term "plaint" includes an amended as well as an original plaint; (ii) a suit falling within any of the above descriptions is not excluded therefrom merely by reason of the plaint seeking other relief in addition to that described in any of the foregoing rules. These rules have been reported from the AJ&K Laws Code, Vol. 11, see p. 277 to 279. RULES FOR WITNESSES IN CRIMINAL COURTS (Rules and Orders of Azad Jammu and Kashmir High Court of Judicature) Vo.2A‑HC/221‑269/50 [Dated April 3, 1950] CHAPTER‑XI WITNESSES IN CRIMINAL COURTS PART‑A: EXPENSES 1. The Criminal Courts are authorized to pay at the rates specified in Rule 4 and 5 below, the expenses of complainants or witnesses:‑ (a) in cases in which the prosecution is instituted or carried on by or under the orders or with the sanction of the Government of or any Judge, Magistrate, or any other public officer, or in which it shall appear to the presiding officer to be directly in furtherance of the interest of public service; (b) in all cases shown as not bailable in column 5 of Schedule 11 of the Code of Criminal Procedure or in any other law for the time being inforce; (c) in all cases which are cognizable by the Police; and (d) of witnesses compelled to attend by the Magistrate under section 540 of the Code of Criminal Procedure. 2. No payment shall be made by Government to witnesses summoned at the instance of the complainant under section 244 of the Code of Criminal Procedure, unless the prosecution appears to the Magistrate to be in furtherance of the interests of public justice. The Magistrate may, however, require the complainant to hay their expenses. 3. The Magistrates and Sessions Judges shall, like ordinary contingent expenditure, make payment of expenses to the witnesses out of the permanent advance at their disposal to be recouped from time to time from the grant under the head "27 Administration of Justice‑Witness Expenses" allocated for their respective Courts. 1. Subsistence Allowance: (a) For ordinary labouring class eight annas per dime. (b) For witnesses of a somewhat highergrade twelve annas per dime. (c) For witnesses not included in class (a) or (b) a sum not exceeding Rs.1/‑ per dime. (d) Special Rate: For witnesses not coming within the scope of the above‑mentioned classes a sum not exceeding Rs.3/‑ per dime according to circumstances. The presiding officers should not be over‑generous in classifying witnesses in the "Special" class and in the assessment of what witness is entitled to receive. The discretion should be exercised judiciously keeping in view the economy in respect of the Government money as well as the Budgeted Grant. Travelling Expenses: (1) When the journey is performed by rail: (a) For class a & b 3rd. class fare; and (b) For class c & d 3rd. class or intermediate class fare at the discretion of the Court. (2) When the journey is made otherwise than by rail, the necessary and actual expenses of carriage may be paid at the discretion of the Court. Provided that the journey could not, with reference to the age; position and habits of life of the person, have been made on foot. Note. When a minor of tender age or a perdah neshin lady, who can not safely travel alone, attends Court as a witness, the attendant who accompanies the minor or the lady may also be paid expenses at the ordinary rates prescribed for witnesses. 6. While exercising their discretion in assessing expenses to be paid to witness the Magistrates and Judges should bear in mind that the circumstances of each case differ from each other, and there are many criminal proceedings in which the prosecution is not called for on public grounds. It is not in every case that the State has undertaken and is bound to provide the cost of the prosecution. Moreover, in many instance witnesses live at such a short distance from the Court that their being summoned to give evidence can not be considered to entitle them to remuneration. At the same time deserving persons who undergo trouble and inconvenience in the prosecution of offenders, should not be denied their legitimate expenses. 7. It is the duty of the Magistrate to ascertain in each case how for the witness has to travel to and from the court and how much time shall it take him to travel to Court to give evidence and to return to his home. Every effort should be made to avoid delay in the payment of the expenses to witnesses. The Magistrate should receive‑ the money from the Nazir and disburse the same personally to the witness. PART‑B: GOVERNMENT SERVANTS 1. An officer of the Government who is summoned to give evidence of facts which came to his knowledge or of matters with which lie had to deal in his public capacity in a criminal case is entitled to draw travelling allowance under Rules from the Government. Accordingly the Courts should not grant to Government Servants fees or expenses from out of their own grants of such amount of money as might have been deposited in such cases for their travelling and halting or Subsistence allowances. The amounts under the latter head should, therefore, be credited to the Government. 2. It is improper to pay Subsistence allowances to a Government Servant at the rate of his pay. A Government servant if entitled, can not get Subsistence allowance otherwise than in accordance with these rules. 3 In all cases in which an officer of the Government is summoned to give evidence the Court should certify his attendance in writing specifying therein: (a) the date or the dates on which the officer retrained in attendance at the Court, and (b) the amount, if any, paid to the officer by ,way of Subsistence allowance etc. The certificate shall be attached by the officer concerned to the T.A. Bill which he may submit under the rules. 4. The attendance of the Civil Surgeon or other Medical officer at the Criminal Courts of the Station for the purposes of giving evidence is one of his official duties, and he is not entitled to claim nor are the Courts authorized to grant, a fee, allowance or expenses for this duty. 5. Medical Officers should, however, be paid the actual expenses incurred by them on account of carriage hire, when their attendance in Court entails such expenditure. Note. These Rules have been approved and sanctioned by the Government in accordance with the provisions of Section 544 Criminal Procedure Code vide Joint Secretary to Azad Jammu and Kashmir Government, Law Department No. 4612/3950 50. dated 28‑3‑1960 RULES FOR PAYMENT OF EXPENSES TO GOVERNMENT SERVANTS APPEARING IN CIVIL CASES (Rules & Orders of the Azad Jammu and Kashmir High Court of Judicature) CHAPTER‑XIII No.2A‑HC/1400‑53/52 [Dated March 11, 1952] If an officer of the Government is summoned by any party to give evidence in a civil case that party must be made to deposit in the Court a sum equal to the T.A. Admissible under rules to the witness and his pay for the days spent by him for the evidence including his journey days. The T.A. so deposited should be paid to the officer and the pay should be credited to the Government treasury. The officer must be given the certificate of his attendance as witness with the remark that Rs ________ as T.A. has been paid to him. If the officer appearing as witness be on leave even then he in not entitled to the pay of the days spent by him for the evidence but he must be given the certificate of his attendance as a witness so that he may get the days of his leave so spent converted into duty. THE AZAD KASHMIR INTERPRETATION OF LAWS ACT, 1954. (Passed Under Council Order No. 426/54, Dated 17‑12‑1954) Whereas it is necessary to provide for the interpretation of laws in force in the Azad Kashmir Territory; it is hereby enacted as follows :‑ 1. (i) This Act may be called the Azad Kashmir Interpretation of Laws Act, 1954 (ii) It shall come into force at once and shall take effect from the 24th day of October, 1947. 2. In this Act, unless there is anything repugnant in the subject or context the expression :‑ (i) "Old Regime" shall mean the Dogra Regime of the Jammu and Kashmir State before the 24th day of October, 1947. (ii) "Law" shall mean any proclamation, Ordinance, Act, Regulation, Rule or Order having the force of law in the Old Regime in the State or any of its Jagirs, in the Azad Kashmir Territory, in Pakistan or any Province or part of Pakistan. (iii) "Government" shall mean the Azad Kashmir Government. 3. In the Laws of Old Regime in force in Azad Kashmir Territory;‑ (i) the expressions "His Highness", "Maharaja Bahadur", "Council of Ministers", "Government", and references to the "Jagir Administration" or to "Heads" of such Jagir Administration, shall, as far as practicable, be construed to refer to Azad Kashmir Government; (ii) Wherever there is a reference in any law of the Old Regime to any other law and where such other law has been replaced by the Azad Kashmir Government, the reference to such law shall be construed to refer to the corresponding provisions of the newly adapted or enacted law. 4 In the laws adapted by Azad Kashmir Government before the coming into force of this Act or thereafter for enforcement in the Azad Kashmir Territory or part thereof, unless there is anything repugnant in the subject or context,, the following expressions, namely:‑ "Her Majesty", "His Majesty", "Queen", "King", "Empress of India", "Crown", "Governor General", "Crown Representative"," Governor General in Council", "Government established by law", "Government of India", "Government of Pakistan", "Central Government", "Provincial Government" or "Governor", and all other expressions, however worded referring to any executive government, shall, as far as practicable, be construed to refer to the Azad Kashmir Government: Provided that in matters relating : to coins and currency, wherever any of these or such expressions occur, they shall be construed to have tile meaning respectively assigned to them under the particular laws in force in Pakistan: Provided further that tile authorities competent to take action for violation, within the Azad Kashmir Territory, of the laws referred to in proviso (i), shall be the authorities of tile Azad Jammu and Kashmir State. 5. References to Army or Military Personnel in the laws of tile Old Regime or in the laws adapted or enacted by the Azad Kashmir Government shall be construed to refer to the Azad Kashmir Regular Forces or Pakistan Forces while on active service in Azad Kashmir Territory. This Act has teen reported from the Azad Jammu and Kashmir Laws Code, Volume II, see pages 126 & 127.