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.

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