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ORDER XXXVI

Act: Azad Jammu and Kashmir Supreme Court Rules 1978

Section Provisions

1THE SUPREME COURT RULES, 1978 1THE SUPREME COURT RULES, 1978. PART VI ORDER XXXVI SPECIAL REFERENCES UNDER SECTION 46-A OF THE CONSTITUTION. 1. On receipt by the Registrar of a reference from the Chairman of the Council or the President under section 46-A of the Constitution, the Registrar shall give notice to the Advocate General to appear before the Court on a day specified in the notice to take the directions of the Court as to the parties who shall be served with notice of the Special Reference, and the Court may, if it considers it desirable, order that notice of the Special Reference shall be served upon such parties as may be named in the order. 2. The notice shall require all such parties served therewith desired to be heard at the hearing of the Special Reference attend before the Registrar on the day fixed by the order take the directions of the Court with respect to statements facts and arguments and with respect to the date of the hearing. 3. Subject to the provisions of this Order, the procedure on a Special Reference shall follow as nearly as may be the procedure in proceedings before the Court in the exercise of its original jurisdiction, but with such variations as may appear to the Court to be appropriate and as the Court may direct. 4, After the hearing of the Special Reference, the Court shall record its opinion, and the Registrar shall transmit it to the Chairman or the President, as the case may be: Provided that in case of difference between the Chief Justice and the Judge, the opinion of the Chief Justice shall be transmitted as aforesaid as the opinion of the Court. 5 The Court may make such order as it thinks fit as to the costs of all parties served with notice under these Rules who appear at the hearing of the Special Reference.