Appeal Before Supreme Court

Appeal under S.14(5) of Azad Jammu and Kashmir Family Courts Act, 1993 could be filed before Supreme Court if leave on substantial question of law of public importance was granted

If provisions of S.14(5) of Azad Jammu and Kashmir Family Courts Act, 1993 were ignored then under S.8 of Azad Jammu and Kashmir Constitution of Shariat Appellate Bench of the High Court Act, 2017 every litigant aggrieved by any final decision of Shariat Appellate Bench of High Court could prefer an appeal before the Supreme Court

If direct appeal before Supreme Court against any final decision of Shariat Appellate Bench of High Court was allowed then the very purpose of Azad Jammu and Kashmir Family Courts Act, 1993 i.e. expeditious disposal of the matrimonial disputes would be defeated

Restriction for grant of leave on substantial question of law of public importance for filing an appeal before Supreme Court had been imposed in order to save women and children from agony of frivolous and fruitless litigation

Right of direct appeal under S.8 of Azad Jammu and Kashmir Constitution of Shariat Appellate Bench of the High Court Act, 2017 had been provided without any condition but special procedure for filing appeal against the judgments of Shariat Appellate Bench of the High Court arising out of family matters envisaged under S.14(5) of Azad Jammu and Kashmir Family Courts Act, 1993 had not been repealed expressly

Supreme Court directed the Government to amend S.8 of Azad Jammu and Kashmir Constitution of Shariat Appellate Bench of the High Court Act, 2017 in the manner that despite enactment of said provision the procedure of filing appeals in the family matters against judgments of Shariat Appellate Bench of the High Court should remain the same as had been provided by S.14(5) of Azad Jammu and Kashmir Family Courts Act, 1993.

Copy of decree sheet was not a requirement for filing appeal before Supreme Court.

Concurrent findings recorded by the courts below not interfered by the Supreme Court.

Defendant not raising such plea before the High Court and also not setting out such plea as a ground in his memo of appeal before the Supreme Court

Effect

Supreme Court, in such circumstances, would refuse to treat and consider such plea as a pure question of law for deciding the same

Such plea was liable to be discarded by the Supreme Court.

Findings of Appellate Court were to be given preference in such circumstances.

Rr. 132, 133 & l34(1) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974); Ss. 42 & 4 1 Appell before Supreme Court Interim relict Attested copies of judicial record, supply of High Court through interim order imposed ban on issuing or reporting in Press the contents of Constitutional petition till its placing before Full Bench and, therefore, refused to supply to petitioner attested copies of such interim order and Constitutional petition Validity Petitioner tell in the category of persons legally entitled to obtain requisite copies of judicial record Even a stranger to proceedings might, for sufficient reason shown to the satisfaction of the Registrar obtain copies of judicial record before passing of decree, and also obtain, oil payment of prescribed tees. a copy of any judgment, decree or order at any time after it had been passed or made Operation of impugned orders was suspended till pendency of appeal, before Supreme Court.

Point not allowed to be reagitated in Supreme Court.

Practice. Where the entire assessment proceedings before the Income-tax authorities and in the High Court proceeded on the basis that the sum of rupees 1 crore was the consideration for the sale or relinquishment of the managing agency by the assessee and .the dispute between him and the Income-tax authorities was whether the transaction which took place after 31st March 1946 with regard to the managing agency, in its true legal character, was a sale or transfer or relinquishment