1. There shall be an index of the records in every case in the form prescribed below:
Index of Papers
CIVIL APPEAL No. Of 20
Or Criminal Appeal No. Of or
Petition
CAUSE TITLE
Sr.No. Date of filing The paper in The Record Description of Papers. No.of the part to which it belong. Remarks
2. The record in each case shall be divided into two parts, Part 1 to be preserved permanently and Part 2 to be preserved for a period of three years.
3. Each paper as and when it is filed in the record, shall be numbered and entitled in the Index and classified under the appropriate part to which it belongs.
4. The period for which any particular record is to be preserved shall be reckoned from the date of the final decree or order in the proceeding to which the record belongs, and in case Review is filed against the decree or order, from the date of the final decree or order made in review. In the case of registers, the period shall be reckoned from the date of the last entry in the Register.
5. The Registrar may direct that any paper assigned to Part II be transferred to Part I for being preserved permanently.
6. Records which do not fall under Part I or Part II as classified below, shall be referred to the Registrar who shall decide the part under which they should be included.
7. When the record is ripe for destruction, it shall either be burnt or sold as wastepaper, as the Registrar may in his discretion direct.
8. Where the record is sold a waste-paper, the sale proceeds shall be credited to Government.
9. As soon as a record is destroyed, a note shall be made in the Index against the record showing that it has been destroyed and the date of destruction.
10. The following papers shall be included under Part 1 (to be preserved permanently):-
1. Index.
2. Judgment.
3. Decree or Order.
4. Order for costs.
5. Pleading (Plaint, written statement, set-off and counter-claim)
6. Authenticated copy of the printed record.
7. Petition of appeal.
8. Concise Statement.
9. Original Petitions including leave petitions.
10. Interlocutory application other than applications for condonation of delay and other formal applications.
11. Orders on petitions. Memorandum of compromise.
12. Memorandum of compromise.
13. Title deeds, if any, remaining unreturned to any party.
14. Any other records or papers which the Registrar may direct to be included in this part.
1. Minutes Books.
2. Registers of Civil and Criminal appeals leave petition, and miscellaneous petitions and matters.
3. Rolls of Senior Advocates, and Advocates and District Attorneys and enrolment files.
The following papers shall be included in Part II and shall be destroyed after a period of three years as indicated below:
1.Power of Attorney and memo of appearance.
2.Affidavits.
3.Applications for condonation of delay and such other formal applications.
4.Correspondence in cases.
5.Unclaimed documents filed by parties other than title deeds.
6.Office notices in the case file, Registers, files and miscellaneous.
7.Taxation files including bills of costs.
8.Register of bills of costs.
9.Dispatch Registers.
10. Surplus copies of printed records, and of pleadings and petitions.
11. Copies of summons and notices.
12. Copying Register.
APPEALS UNDER ORDINANCE
(No II OF 1987)
1. Save, as the hereinafter provided, the provisions contained in the preceding Order shall, as far as practicable, apply to Appeals under this Order.
2. An appeal shall be lodged within seven days from the date of final judgment passed by the Special Court and it shall be disposed of by the Court within three months.
3. The appellant shall file at lest six copies of the paper book containing petition of appeal and the accompanying documents at the time of lodging the appeal.
4. The appeal shall normally be heard at the main seat of the Court unless otherwise ordered by the Chief Judge.
5. After the disposal of a case under the Ordinance, the Special Court concerned shall, within seven days, forward the original record of the case to the Registrar.
6. On receipt of the petition of appeal, the Registrar shall cause notice of the appeal to be given to the respondents with a copy of the petition of appeal and the accompanying documents. The respondents may thereafter file six copies of additional documents, if necessary, within seven days.
7. An appeal under this Order may be heard and disposed of by a Bench of two Judges.
Provided that an appeal, involving sentence of death and disposed of at least three Judges:
8. In a proper case the Court may direct the engagement of an Advocate for an accused person at the cost of the provincial Government concerned.
FIRST SCHEDULE
TABLE OF COURT FEE PART I
C
APPELLATE JURISDICATION
1. Filing and lodging petition for leave to appeal. Rs. Ps.
2. on the appeal as provided by Order XIV rule 6 where the amount or value of the subject-matter in dispute on appeal is Rs. 15,000 or below that sum. 250.00
For every Rs. 1,000 in excess of Rs. 15,000 for every thousand rupees or part thereof. In cases where it is not possible to estimate at money value the subject matter in dispute.
Provided:
(i) That the maximum fee payable in any case shall not exceed Rs. 2,000.
(ii) That where an appeal is brought by leave granted by this Court credit shall be given to the appellant for the amount of court fee paid by him on the petition for leave to appeal.
3. Filling and lodging concise statement caveat.
4. Application for Review of Judgment of Order including filing half the fee paid on the original proceedings.
5. Petition to proceed in forma pauper.
Note: As fee determined by the Chief Judge.
PART II
MISCELLANEOUS
1. Entering in register of appeal or matters names- of representatives of a deceased party or of a substituted or added party.
2. Summons or notice to defendant or his representative or a respondent to a petition or to a memorandum of appeal, for not more than five persons (with an additional fee of Rs. 1.00 for every person in excess of five)
3. Entering appearance
4. Amending appearance
5. Power of Attorney
6. Filing-fee every document for which a fee is not specially provided, including documents annexed as exhibits, if any, or produced with plaint or used in evidence, each document.
7. Every application to the Court not specially provided for
8. Every application to a Judge in Chambers, the Registrar, or Taxing Officer, not specially provided for.
9. Every requisition to draw up an order including fee for filling the order.
10. Warrant, writ, summons are other process not specially provided for, for not more than five persons (with an additional fee of Rs. 1 for every person in excess of five).
11. Every certificate or report of a Judge in Chambers or of Registrar on an investigation.
12. Every other certificate for which a fee is not specially provided.
13. Commission to examine witnesses or other commission.
14. Production by an Officer of the Court in any other Court or before Commissioner of records of any suit, matter or appeal,
exclusive of traveling expenses, and halting charges.
15. For production of records by post, exclusive of postage, registration and insurance fees.
16. For inquiry into sufficiency of security.
17. For every search or examination of records.
18. Every affidavit affirmed or sworn.
19. For every oath or affirmation administered to witnesses.
20. For every certified copy of decree, judgment or other document in addition to the folio or other charges.
21. Every requisition for duplicate or other copy of any document.
22. For copies of any document, per folio, less requisition fee paid.
23. For amending pleadings or other proceedings under order of the Court per folio.
24. Upon all moneys or securities paid to the Registrar or deposited with him.
A commissioner of 1 percent and 2 ½ percent on interest draw on invest money.
25. Every requisition for translation.
26. Summon by Taxing Officer.
27. Certificate by Taxing Officer.
28. Taxing each bill not exceeding 10 folios.
29. For every other folio.
30. Registering every bill of costs.
31. Certificate on review of taxation.
Not: As fee determined by the Chief Judge.
SECOND
SCHEDULE FEES TO OFFICERS OF THE COURT
1. Fees of interpreter for explaining at the house of a party or any place other than the Court house, pleadings and other documents except affidavit or affirmations, where not exceeding 20 folios.
2. Fees of Registrar for taking bonds at the house of A party or any place other than
the Court House:- For the first bonds, where within the municipal limits of the seat of the Court.
Where beyond such limits.
For every bond taken at the same time and place after the first, in the same, appeal or matter.
3. Fees of Registrar and Commissioners for taking affidavits or affirmations at the house of a party or any place other than the Court House:
Note: As determine by the Chief Judge
THIRD
SCHEDULE RULES TO PRINTING OF RECORD
1. All records and other proceedings in appeals are other matters pending before the Supreme Appellate Court Gilgit-Baltistan shall be printed in the form known as Demy Quarto.
2. The size of the paper used shall be such that the sheet when folded and trimmed will be 11 inches in length and 8 inches in with.
3. The type to be used in the text shall be Pica Type, but long Primer shall be used in printing accounts tabular matter and notice. The number of lines in each page of Pica Type shall be 47 or thereabouts and every tenth line shall be numbered in the margin.
4. Record shall be arranged in two parts in the same volumes, where practicable, viz:-
Part I: - The pleadings and proceedings, the transcript of the evidence of the witness, the judgments, decrees, etc. of the Courts below down to the order admitting the appeal.
Part II: - The exhibits and documents.
5. The index to part I shall be in chronological order and shall be placed at the beginning of the volume.
The index to Part I shall follow the order of the exhibit mark, and shall be placed at the beginning of the volume.
6. Part I shall be arranged strictly in chronological order i.e. in the same order as the index.
Part II shall be arranged in the most convenient way for the use of the Court, as the circumstance of the case require. The documents shall be printed as far as suitable in chronological order. Each document shall show its exhibits mark, and whether it is a plaintiff’s or defendant’s document (unless this is clear from the exhibit mark) and in all cases documents relating to the same matter such as:-
(a) a series of correspondence, or
(b) Proceeding in a suit other than the one under appeal shall be kept together. The order in the record of the documents in Part II will probably be different from the order of the Index, and the
proper page No. of each document shall be inserted in the printed index.
The parties will be responsible for arranging the record in proper order for the Court, and in difficult cases counsel may be asked to settle it.
7. The documents in Part I shall be numbered consecutively. The document shall not be numbered, apart from the exhibit mark.
8. Each document shall have a heading, which shall consist of the number of exhibit mark and the description of the document in the index, without the date.
9. Each document shall have a marginal note, which shall be repeated on each page over which the document extends viz.
PART I
(a) Where the case has been more than one Court, the short name of the Court shall first appear. Where the Case has been before only one Court need appear.
(b) The marginal note of the document shall then appear consisting of the number and the description of the documents in the index, with the date except in the case of oral evidence.
(c) In the case of oral evidence, “Plaintiff’s evidence” or “Defendant’s evidence” shall appear beneath the name of Court, and then the marginal note consisting of the number in the index and the witness’s, with “Examination”, “Cross-Examination”, or “re-Examination”, as the case may be.
PART II
The Word “Exhibits” Shall First Appear.
The marginal note of the exhibits shall then appear consisting of the exhibit mark and the description of the document in index with the date.
10. The parties shall agree to the omission of formal and irrelevant documents, but the description of the document may appear (both in the index and in the record), if desired with the word “not printed” against it.
In case where maps are of an inconvenient size or unsuitable in character, the appellant shall, in agreement with the size or unsuitable in character, the appellant shall, in agreement with the size, showing as far as possible, the claims of the respective parties, in different colures.
11. Charges for cyclostyling the record: -
(i) For preparing rough estimate of printing/ typing charges.
(ii) Typing charges for first 12 copies.
(iii) For every additional copy other than the first 12 copies.
(iv) Preparation of index for every ten entries.
(v) Binding charges (with card-board sides).
Note: As Fee determined by the Chief Judge.
FORTH SCHEDULE
FORMS NO.1.
SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
Certificate of enrolment of an Advocate
(ORDER IV)
NO……………………...
This is to certify, that Mr./Mrs./Miss has this day been admitted and enrolled (as and Advocate) in the Supreme Appellate Court Gilgit-Baltistan.
Dated this the day of 200
REGISTRAR
NO.2.
FORM OF SUMMONS FOR AN ORDER IN CHAMBER
(ORDER V)
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. Of 200
(District) Appellant
Versus
(Respondents)
(Defendant)
(C.D)
(District of C.D)
Let all parties concerned attend before in Chambers at the
Court House, on the day of 20 at
“O” clock in the forenoon on the hearing of an application on the part of the above- named (state on whose behalf the application is made and the precise object of the application).
Date this the day of 20
To (insert the names of the Advocate for the persons to be served e.g. B. Advocate for the persons to be served e.g. B Advocate for the defendants).
To the plaintiffs or defendants or appellant A.B. or as the case may be.
GROUNDS
(Here insert a list of the materials relied on e.g. affidavit of X.Y.Z. etc).
NO.3.
FORM OF SUMMONS FOR AN ORDER IN CHAMBER
(ORDER V)
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. Of 200
(District) Appellant
Versus
(Respondents)
(Defendant)
(C.D)
(District of C.D)
Let all parties concerned attend before in Chambers at the
Court House, on the day of 20 at
“O” clock in the forenoon on the hearing of an application on the part of the above- named (state on whose behalf the application is made and the precise object of the application).
Date this the day of 20
To (insert the names of the Advocate for the persons to be served e.g. B. Advocate for the persons to be served e.g. B Advocate for the defendants).
To the plaintiffs or defendants or appellant A.B. or as the case may be.
GROUNDS
(Here insert a list of the materials relied on e.g. affidavit of X.Y.Z. etc).
NO.4.
NOTICE OF MOTION
(ORDER VI)
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
Case No. Of 200
(District of A.B.) (Appellant)(plaintiffs)
Versus
(C.D)(District of C.D.) (Respondents)(Defendants)
Take notice that the Court will be moved On the day of
20 at “O” clock in the forenoon or so thereafter, as Counsel can be heard (state by whom, and in whose behalf the motion is to be made as thus: by Mr. A. Counsel on the part of the above –named defendant C.D. or by the above-named defendants C.D. in person or, on the part of G.F. or (insert place of residence, description and addition of applicant, if not a party to the proceedings) that (here state the precise object of the motion, as thus: this action may stand dismissed for want of prosecution).
Date this the day of 20
(State name etc, of Advocate
Part or person giving notice).
To,
(State name of the Advocate or party to whom the notice is given).
NO.5.
FORM OF OATH BY TRANSLATOR
(ORDER VII)
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
In the matter of a translator,
I, solemnly affirm and say that I will translate correctly and accurately all documents given to me for translation.
Before, the 20
REGIGISTRAR
NO.6.
APPLICATION FOR PRODUCTION OF RECORD
(ORDER IX)
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. of 20
(A.B)(District of A.B)
(Appellant) (Plaintiffs)
Versus
(C .D) (District of C.D) (Respondent)
(Plaintiffs)
To,
The Registrar,
Supreme Appellate Court Gilgit-Baltistan
Sir,
Please produce the record of the above case before on
Date this day of 20
(Signed)
NO.7.
NOTICE TO PARTIES OF THE DAY FIXED FOR DELIVERY OF JUDGMENT
(ORDER X)
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. of 20
(A.B)(District of A.B)
(Appellant) (Plaintiffs)
Versus
(C .D) (District of C.D) (Respondent)
(Plaintiffs)
To,
(Name of parties or their Advocates)
Take notice that the Court will deliver judgment in the above-named case on The day of 200 at
“O” clock in the forenoon, or as soon thereafter as may be convenient to the Court.
Date this the day of 20
REGISTRAR
NO.8.
NOTICE OF RESPONDENT OF LODGING OF APPEAL
(ORDER XV)
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
Case No. Of 20
Appeal from the judgment (or decree or final order) of the Gilgit-Baltistan Chief Court of
at dated 20
In case No.
(Here give number of case in Gilgit-Baltistan Chief Court)
Was presented by the above named appellant on the day of 200
and has been registered in this Court as Criminal appeal No.
of dated this the day of 20
REGISTRAR
NO.9.
CERTIFICATE FROM ADVOCATE IN RESPECT OF VALUE OF SUBJECT MATER OF LITIGATION IN APPEALS FILED UNDER
(ORDER XII, RULE I S. A.C.)
------------
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
(A.B) Appellant
Versus
(C.D) Respondent
CERTIFICATE
I,
Advocate for the appellant in the above- cited appeals do hereby certify that the amount value of the subject matter in dispute in the Court of First instance was, and also in dispute in appeal, is not less than fifty rupees.
Date this the day of 20
Advocate for address for service.
NO.10.
CERTIFICATE FORM ADVOCATE IN RESPECT OF VALUE OF PROPERTY IN APPEALS FILED UNDER
ORDER XII RULE I S .A.C.
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
Civil Appeal No. Of 200
A.P. Appellant
versus
C.D. Respondent
CERTIFICATE
I,
Advocate for the appellant in the above-cited appeal do hereby certify that the judgment/decree final order involves directly/indirectly a claim/question respecting property of the value of not less than Rupees fifty thousand and that the judgment/decree final order appealed from has varied/set aside, the judgment/decree final order of the Court immediately below.
Date this the day of 20
NO.11.
MEMORANDUM OF APPEARANCE IN PERSON
Case No. Of 200
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
Case No. Of 20
(A.B.) (Appellant)
Versus
(C.D.) (Respondent)
The Registrar,
Please enter an appearance for me (name of respondent) the respondent above- named in this appeal.
Date this the day of 20
(Signature of Respondent)
Address for service
NO.12.
NOTICE TO PARTIES THE DAY FIXED FOR THE HEARING OF APPEAL
(ORDER XIX)
Case No. Of 200
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
Case No. Of 20
(A.B.) (Appellant)
Versus
(C.D.) (Respondent)
To,
(Name of parties and their Advocate)
Take notice that the above appeal is fixed for hearing on the day of 200 and shall be taken up for hearing by the Court on that day at “O” Clock in forenoon or as soon thereafter as may be convenient to the Court.
Date this day of 20
REGISTRAR
NO.13.
SUMMONS TO ATTEND TAXATION
(ORDER XXVIII)
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. Of 200
(A.B.)(District of A.B.) (Plaintiffs)(Appellant)
Bill No. of 200 here state the names of the parties to the bill.
WHEREAS Mr…………..Advocate for the appellant (or Plaintiffs, respondents or defendants) has lodged a bill of casts (copy appended hereto) for taxation as between (party and party and also as between Advocate and client) notice is hereby given that the Taxing Officer of the Court will proceed to tax the said bill
on the day of 200 at “O” clock in the forenoon when you may attend said bill on any items herein.
Date this the day of 200
TAXING OFFICER
NO.14.
CERTIFICATE OF TAXATION
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. Of 20
(A.B.) (District of A.B.) (Appellant)(Plaintiffs)
Versus
(C.D.)(District of C.D.) (Respondent)(Defendants)
Bill No. of 200 here state the names of the parties to the bill.
I do hereby certify that I have taxed the above bill of costs lodged in this Court by Mr. Advocate for appellant (or plaintiff or respondents or defendants) against (here insert name of party or client and do allow, as between (party and party and also as between) Advocate and client the sum of (amount in figures and words) only.
Date this the day of 200
TAXING OFFICER
NO.15.
NOTICE OF PROCEEDINGS TO THE ATTORNEY GENERAL OF PAKISTAN
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. Of 20
(A.B.) (District of A.B.) (Appellant)(Plaintiffs)
Versus
(C.D.)(District of C.D.) (Respondent)(Defendants)
The Attorney General ofPakistan
Take notice that the above-named case has been filed this Court (and is fixed for hearing on the day of 20 and shall be taken up for hearing by the Court and that day, at “O” clock in the forenoon or as soon thereafter as may be convenient to the Court, (and shall be fixed for hearing on a suitable date of which the service will be given to you).
As the case raise (an) important question (s) (here state briefly the question (s) involved notice is hereby given to you so that you may appear and take such part in the proceedings before this Court as you may be advised).
Date this the day of 20
REGISTRAR
NO.16.
AFFIDAVIT OF SERVICE OF SUMMONS
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. Of 20
(A.B.) (District of A.B.) (Appellant)(Plaintiffs)
Versus
(C.D.)(District of C.D.) (Respondent)(Defendants)
Advocate for the above-named
Make oath and say as follow:-
Solemnly affirm
I did on the day of serve Mr.
Advocate for the above-named
In this action for appeal with a true copy of the summons now produced and shown to me marked, by leaving it, before the hour of four in the afternoon at the ( Office or dwelling house) of the said situate (being the address for service in this action (or appeal) with his clerk or his servant, or as may be there), or by posted at the post office at in a duly registered envelope addressed to this said at being the address for service in this action (or appeal).
Sworn at this day of 20 before me.
This affidavit is filed on behalf of
NO.17.
AFFIDAVIT OR SERVICE BY POST
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. Of 20
(A.B.) (District of A.B) (Appellants)(Plaintiffs)
Versus
(C.D.)(Respondent) (District of C.D)(Defendants)
Advocate for the above-named
Make oath ............and say as follow:-
Solemnly affirm
I did serve the Advocate for the above-named in this Appeal action for the above- named(if he has appeared in person) with the summons (or notice or other document) now produced and shown to me marked A by posting on the day of at (name of Post Office) a true copy of the said summons or as may be (in a prepaid envelope registered for acknowledgment addressed to the said Advocate or Respondent or as may be) at which is his address for service. The postal acknowledgment is attached hereto.
Sworn at this day of 20 before me.
This affidavit is filed on behalf of the……………….
IMPORTANT POINTS TO BE VERIFIED BEFORE FILING PETITIONS FOR LEAVE TO APPEAL
1. The limitation under the Rule for filing petition for leave to appeal is as follows:-
a. In civil proceedings:
60 days from the judgment, decree or order appealed against; or
30 days from the date of refusal of grant of certificate by the Gilgit- Baltistan Chief Court, [Order XIII, Rule I].
b. In criminal proceedings:
30 days from the date of judgment or from the date of order refusing certificate by the Gilgit-Baltistan Chief Court [Order XXIII, Rule 2]; and
60 days against judgment or order of acquittal from the date of such judgment or order for the Advocate General of Gilgit-Baltistan [Order XXIII, Rule 2, First Proviso].
2. It should be seen that the cause title of the judgment impugned and as given in petition for leave to appeal tallies and the names and addresses of the respondents or clearly and properly given. [Order XVII, Rule 1].
3. It Should be seen that Court- fee stamps (of Rs. 250) is provided alongwith the petition for leave to appeal : [First Schedule, Part-1 item 1] no court fee is charged in criminal matters and in petitions and appeal under Article 28 of Gilgit-Baltistan Governance Order, 1994. [Order XXIV, Rule 1].
4. Certified copy of the:
Impugned judgment (with full and correct particulars regarding Gilgit-Baltistan Chief Court Appeal No. ,date of judgment etc,); and Memo of appeal/ application in the Gilgit-Baltistan Chief Court or the tribunal as the case may be;
Should be filed, alongwith paper book of the Gilgit-Baltistan Chief Court if any, and the other record duly attested by the Advocate, [ Order XIII, Rule 3].
5. The petition for leave to appeal should be drafted in accordance with the instructions contained in the Order of the Court issued on the 8th August, 1981, which is annexed herewith as Pro forma A. In the criminal cases, a separate statement as shown in Pro Forma B should be furnished. [Order XIII, Rule I and Order XVII, Rule I].
6. The petition should be supported by an affidavit of fact, and an affidavit of service affirming that a notice of the intended petition has been sent to the respondents [Order XIII, Rule 3(V) and (VI).
7. Index should contain full particulars of annexure and the petition should be properly paged, Every annexure included in the paper book must contain its description in the index of documents [Third Schedule].
8. If the petition is barred by time, it should be accompanied by an application for condonation of delay, such application should be supported by an affidavit. [Order XIII, Rule I and Order XXIII, Rule 2 and Order XVII, Rule 4].
9. It should be seen that annexure filed with the petition for leave to appeal are either original or certified copies or true copies of the originals, duly attested by the Advocate.
These annexure must have been formed part of the records in the Court below. [ Order VII, Rule I].
The requisite court-fee (of Rs. 2) should be paid on each of the annexure. If any document was not part of the record of the Court below, a separate application should be made to place that document on record. [Item 6 of the First Schedule Part II].
10. if at any time after the judgment of the Court appealed from and before the filing of the petition for leave to appeal any person is sought to be impleaded as a legal representative, the petition should accompany an application for substitution, duly supported by an affidavit, to the Court. [Order XXXIII, Rule 6 read with Order XV, Rule 7].
11. If the opposite party has lodged a caveat, a notice of the filing of the petition need not go to the caveator. The Registry would inform about the filing of such caveat to the petitioner and of the petition to the caveator. [Order XIII, Rule 3 (vi) and Order XVII, Rule 2].
12. Spare copies (paper book) should be neat and clean and accurately typed in double spacing on one side of the standard sized paper leaving sufficient margin on the left and the spare copies of each document should tally page to page and line to line with the original. The impression in spare copies included in the paper books should not be dim. This causes great inconvenience to the honorable Judges.[XVII, Rule 1].
13. Name and identity of the executant of power of attorney (Wakalatnama) should be clear and legible. If Wakalatnama has been executed by an attorney (Mukhtar), the original power of attorney for perusal of the Registry alongwith a true copy thereof, duly attested by the Advocate, for the record of the Registry should be produced. [Order VII, Rule 5].
14. It may be noted that petitions sent by post are not accepted [Order VII, Rule 2].
15. Documents in a language other than Urdu or English should be accompanied by it translation in either of the two languages. [Order VII, Rule 2].
16. Petition for leave to appeal should be arranged in the following order: [Order XIII, Rule 3].
(i) Power of Attorney.
(ii) Court-fee stamp paper.
(iii) Petition for leave to appeal.
(iv) Impugned judgment or order.
(v) Memo of appeal in the Court below.
(vi) All other orders of the Courts below and other documents in chronological order.
(vii) Affidavit of Facts.
(viii) Affidavit of Service.
(ix) Copy of notice addressed to the respondents alongwith proof of service, if any.
(x) Miscellaneous application, if any, alongwith affidavit of facts.
17. The petition for leave to appeal may either be presented by the party in person or through a duly constituted Advocate. [Order VII, Rule 5].
PRO FORMA “A”
1. The following points of law arise for determination:-
(A) ……………………………………………
(B) ……………………………………………
(C) ……………………………………………
(The previous decisions of the Supreme Appellate Court Gilgit-Baltistan and the relevant textbooks in support of points of law should be mentioned against each point)
2. The relevant facts are briefly as follow:-
……………………………………………
……………………………………………
……………………………………………
PRO FORMA “B”
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
Cr. P/Cr.A.No
of 200
Petitioner(s)/Appellants.
Versus
Respondent(s)
1. Name(s) of accused Trial Court’s decision
Dated
.
Important points to be verified before
filling petition for leave to appeal.
Sentence.
1. 1.
2. 2.
3. 3.
4. 4.
5. 5.
Gilgit-Baltistn Chief Court Judgment/Order
Dated and findings:
2. Name of (a)
Deceased
(b) Injured person
(P.Ws).
3. Date & time of
Occurrence
Place of
Occurrence
4. F.I.R. Ex.
(P ).
(a) Lodged by
(relationship)
at A.M/P.M.
on
(b) Recorded by
(c) Date of arrest of accused person(s):
1.
2.
3.
4.
5.
(d) Recoveries from the spot;
1.
2.
3
(e) Recoveries from accused;
___________________________________________________________________________________
Name of accused Kind of recovery Date of weapon recovery Whether matched Whether blood stained
___________________________________________________________________________________
witness(es) (if fire-arm) (if fire-arm)
__________________________________________________________________________________
1.
2.
3.
4.
5.
(f)
Eye-Witness Relationship
1. Page___________
2. Page___________
3. Page___________
4. Page___________
5. Page___________
(g)
Medical
Name of injured P.W. or accused No. of injuries Grievous Sharp Blunt
1.
2.
3.
4.
5.Motive (briefly).
6.Prosecution case (briefly).
Important points to be verified before
filing petitions for leave to appeal.
SPECIMEN FORM NO.1
Affidavit of facts required under Rule 3 (v) of
Order XIII read with Rule 4 of
Order XVII of the Supreme Appellate Court Gilgit-Baltistan Rules, 2008.
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
Petition for leave to appeal No.__________________ of 20_____________.
__________________________________________Petitioner(s)
Vs
__________________________________________ Respondent(s)
AFFIDAVIT OF FACTS
I,___________________________________________ Advocate of Supreme Appellate Court Gilgit- Baltistan, resident of_____________________________________________________________, (here give address) do hereby solemnly affirm and state that the averments of facts contained in the petition for leave to appeal are true and correct to my knowledge and information received by me from the petitioner (s) and derived by me from the perusal of the records.
Sworn at_____________________ this__________________ Day of_______________20________.
Sd/
Advocate for the petitioner (s)
SPECIMEN FORM NO.2
Affidavit of service of notice of the intended petition for leave to appeal as required under Rule 3(VI) of
Order XIII of the Supreme Appellate Court Gilgit-Baltistan Rule, 2008.
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
Petition for leave to appeal No._______________ of 20____________________
_____________________________________________ Petitioner (s)
Vs
_______________________________________________Respondent (s)
AFFIDAVIT OF FACTS
I,___________________________________ Advocate Supreme Appellate Court, resident of__________________________________
(here give address) do hereby solemnly affirm and state that I have sent to the respondent (s) notice of my filing in the judgment and decree_______________________________ dated of the Gilgit-Baltistan Chief Court Gilgit in the First Rent Appeal No.__________________ of 20____________ having sent the same under registered cover with A.D. Card.
Sworn at__________________this____________________ day of_________________ 20___________
Sd/
Advocate for the petitioner (s)
SPECIMEN FORM NO.3
Notice of intention to file petition for leave to appeal in the Supreme Appellate Court Gilgit-Baltistan as required under Rule 3(VI) of Order XIII of the Supreme Appellate Court Rules, 2008.
Registered A.D.
Dated:____________________
From
……………………………
……………………………
(Name and address of the Advocate for the petitioner)
To
………………………….
………………………….
(Name and address of the respondent)
____________________________Petitioner(s)
Vs
____________________________Respondent(s)
petition for leave to appeal against the judgment and decree or Order of the Gilgit-Baltistan Chief Court at Gilgit in first Rent Appeal No.______________ of 20_______________ dated__________________.
Please take notice that the above mentioned petitioner(s) intend(s) to file a petition for leave to appeal in the Supreme Appellate Court Giglit-Baltistan against the judgment and decree or order noted above.
Sd/
Advocate for the petitioner(s)
SPECIMEN FORM NO.4
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction)
Petition for leave to appeal No._______________ of 20____________________.
__________________________________________________petitioner(s)
versus
__________________________________________________Respondent(s)
CAVEAT
(ORDER XVII, RULE 2)
let nothing be done in the above mentioned case without notice to the undersigned.
Sd/
Advocate for the respondent
Address__________________________________:
Or
Sd/
Respondent in person (Caveator)
Address____________________________:
Dated……………
Note: The caveator after lodging his caveat is required to give notice thereof to the petitioner, if the petition ha been filed.
APPLICATION FORM FOR ENROLMENT AS ADVOCATE, SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
Form “A”
(See Rule 107(1)(b))
To
The Chairman,
Gilgit-Baltistan Bar Council.
Sir,
Enrollment as an Advocate of the Supreme Appellate Court Gilgit-Baltistan.
My particulars are as under:-
1. Name._____________________________
2. Date of Birth._______________________________
3. Father’s/Husband’ Name. ____________________________________________
4. Nationality.____________________________________________
5. Date of Enrollment as an ad advocate._________________________
6. Date of Enrollment as and advocate
of Chief GB Chief Court along with its name._________________________________
7. Name of the G-B Bar Council
on the role of which the application is enrolled
as an advocate of the G-B Chief Court_________________________________________.
8. The number in the District Roll of the G.B Chief Court.__________________________
9. The number in the common roll of the Advocates Of the G.B Chief Court prepared by the Gilgit-
Baltistan High Court bar Association.___________________________________
10. Where the applicant satisfies all the conditions
Laid down by the Gilgit Baltistan Supreme appellate Court in respect of the persons entitled to
Appear and plead before the Gilgit Baltistan Supreme Appellate Court._________________________
11. Whether the applicant has deposited the Enrolment fee with the Pakistan Bar Council please give the date, amount and Receipt. No.____________________
12. The name of the Bar Association to which Applicant is member.____________________________________
13(a) whether the applicant has been in the service of government of a statutory Corporation. If
any, the date of joining and leaving the service and the reasons for going out of service along
with the certificates of the employer.______________________________
(b) Whether any the disciplinary action of warning Demotion, suspension or dismissal
Was ever taken against him during The tenure of his service and the
Results thereof along with the Certificate Of the employer._______________________________
(C ) Whether any criminal case was registered against the applicant during the tenure of his service if so, the result thereof along with a certified copy of order.___________________________
14 Whether the applicant has been convicted of any offence, if so date and particulars
hereof.__________________________________
15. Whether an earlier application and enrolment
of the applicant has previously been rejected by
the Bar Council.______________________________
dated: Signature of Applicant_______________________
Address ____________________________________________________________
This application form should be accompanied by the following documents:
1. Two copies of passport size photograph of the applicant attested by the President/Secretary of his Bar Association or Member of a Bar Council.
2. A Certificate, in original, from the Gilgit-Baltistan Chief Court to applicant’s being a fit and proper person to appear and plead as an advocate of the Supreme Appellate Court Gilgit-Baltistan together with a Photostat Copy thereof.
3. An affidavit stating that the contents of the application are true and correct and the applicant is eligible and not disqualified, in any manner, for enrolment and to practice as an Advocate of the Supreme Appellate Court Gilgit-Baltistan and that neither he was found guilty of professional or other misconduct nor any such case is pending before any Bar Council.
4. A Certificate from the District Bar Council to the effect that:-
(a) The applicant is an enrolled Advocate of the Gilgit- Baltistan Chief Court having ten years standing as such and that his name is still born on the Roll of Advocate of the Gilgit-Baltistan Chief Court maintained by the District Bar Council concerned.
(b) The applicant is not in arrears of dues of the concerned District Bar Council; and
(c) Neither proceedings for professional or other misconduct are not pending against the applicant nor has found guilty of professional or other misconduct.
5. A certificate regarding clearance of dues from the Bar Association of which the applicant is a Member.
6. A list of cases conducted by the applicant in the Gilgit-Baltistan Chief Court.
7. Deposit slip of enrolment fee Rs. 1200/-. The fee is to be deposited in the Collection. Account of the Gilgit-Baltistan High Court Bar Association with the Habib Bank of Pakistan, offices of the Gilgit Baltiatan high Court Bar association and district bar Councils.
APPLICATION FROM FOR PERMISSION TO SIGN THE ROLL OF ADVOCATES, SUPREME APPELLATE COURT GILGIT- BALTISTAN
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
The Chief Judge
And his companion Judges of The supreme Appellate Court Gilgit Baltistan,
Gilgit.
The petition of_______________________________________
An Advocate enrolled in the Gilgit-Baltistan
Chief Court of____________________________ Petitioner
SHEWETH:
1. That your petitioner was enrolled as an advocate of_____________________________Gilgit-Baltiatan Chief Court on___________________________ and that he is still a practicing Advocate of the said Gilgit Baltistan Chief Court. A complete bio-data containing all relevant information is attached herewith. (if there was a break of more than a year in continuity of active practice, please give particulars and reasons).
2. That your petitioner has conducted in Gilgit Baltistan Chief Court cases independently and__________ cases as a junior Gilgit-Baltistan Chief Court of both categories. Respective lists are attached.
3. That it has been certified by the Chief Judge and Judges of the Chief Court that your petitioner is a fit and proper person to appear and plead as an Advocate before the Supreme Appellate Court Gilgit-Baltistan.
4. That your petitioner has been issued a certificate by the Gilgit-Baltistan high Court Bar Association to appear and plead as an Advocate before the Supreme appellate Court Gilgit-Baltistan. (If the applicant is being submitted more than six months after the grant of certificate by the Gilgit Baltistan Bar association please gives reasons.
5. That your petitioner satisfies all the conditions lay down by this Court in respect of the persons entitled to appear and plead before the Court.
6. That other particulars of your petitioner are as under:-
(a) whether the applicant has been the service of a Government or a statutory corporation or any other person or otherwise worked for gain, if so, give particulars including the date of joining and leaving the service and the reasons for going out of the employer._____________________________
(b) Whether any disciplinary action was ever taken against him during The tenure of his service and the results of the employer._______________________
(c) Whether any criminal case was registered against the applicant during the tenure of his service, if so, the result thereof along with a certified copy of the order._________________________________
(d) Whether the applicant has ever been convicted of any offence, if so, give date and particulars with particulars
also of the appeal, revision etc.________________________________
(e) Whether the application has ever appeared in any case before the Supreme Appellate Court Gilgit- Baltistan, if so, give complete details of Cases.______________________________________
(f) Whether any earlier application for enrolment of the applicant was rejected by the Gilgit-Baltistan High
Court Bar Association. ________________________________________
7. The requirement and conditions in accordance with the instructions printed on the back page of this form have been fulfilled.
I hereby verify that the contents hereof are true to the best of my knowledge and belief.
Your petitioner, therefore, prays that he may be allowed to sign the roll of Advocates of the Supreme Appellate Court Gilgit-Baltistan.
Signed this the _______________________ day of________________ two thousand and______________.
Signature
Address:______________________________________________
ENCLOSURE:
This application form should be accompanied by the following documents:
1. Bio-Data of the applicant giving full particulars of his qualification and any previous employment or engagement for gain. Amongst others the following facts are to be included in the bio-data:
(i) Name (ii) Date of Birth (iii) Father’s /Husband’s name (iv) National/National Identity Card Number (v) Date of enrolment as an Advocate (vi) date of enrolment as an Advocate of Gilgit-Baltistan Chief Court along with its name (vii) name of the District Bar Council on the roll of which the applicant is enrolled as an Advocate of the Gilgit-Baltistan Chief Court (viii) The Number in the District roll of the Advocate of the Gilgit-Baltistan Chief Court (ix) The number in the common of the Advocate of the Gilgit-Baltistan Chief Court prepared by the Gilgit-Baltistan Bar Council (x) the name of the Bar Association of which the applicant is a Member.
2. A recent passport size photograph of the applicant attested by the President/Secretary of his Bar Association or Member of a Bar Council.
3. An attested copy of the certificate from the Gilgit-Baltistan Chief Court as to applicant’s being fit and proper person to appear and plead as an Advocate of the Supreme Appellate Court Gilgit-Baltistan.
4. An affidavit stating that the contents of the application are true and correct and that the applicant is eligible and not qualified in any manner for enrolment and to practice as an Advocate of the Supreme Appellate Court Gilgit-Baltistan and that neither he was found guilty of professional or other misconduct nor any such case was instituted before any Bar Association or a Court/Authority. If otherwise, give particulars.
5. A list of cases of the applicant in the Gilgit-Baltistan Chief Court in accordance with the requirement of para 2 of the Form.
6. Original certificate of the Gilgit-Baltistan Bar Association together with a Photostate copy thereof.
*****
FORMS NO.1
SUPREME APPELLATE COURT GILGIT-BALTISTAN
Certificate of enrolment of Advocate or Advocate-on-Record.
(ORDER IV)
No…………………
This is to certify, that Mr/Mrs/Miss………………. has this day been admitted and enrolled (as a senior Advocate/as an Advocate) (and an Advocate-on-Record) in the Supreme Appellate Court of
Date this the day of 20
Registrar
NO.2
UNDERTAKING BY ADVOCATE-ON RECORD
(ORDER IV)
I, the undersigned, do hereby solemnly affirm and declare that I will observe, submit to, perform and abide by all and every order, rules, regulations, and practice of the Supreme Appellate Court now in force or hereafter from time to time to be made, and also to pay and discharge, from time to time, when the same shall be demanded, all fees, charges, and sums of money due and payable in respect of any appeal, cause or other matter in and upon which I shall appear as such Advocate-on-Record, and that I shall maintain a regular account for each case in each form as the Court may prescribe in respect of all sums received or disbursed on behalf of my client in respect of any such appeal, cause or other matter.
NO. 3
UNDERTAKING BY ADVOCATE-ON-RECORD
(ORDER IV)
I, the undersigned, a partner in the firm___________________________ do hereby solemnly affirm and declare that I will observe, submit to perform, and abide by all and every orders, rules regulations, and practice of the Supreme Appellate Court now in force or hereafter from time to time, when the same shall be demanded, all fees, charges and sums of money due and payable in respect of any appeal, cause or other matter in and upon which I shall appear as an Advocate-on-Record/Partner of the firm, and that the firm shall maintain a regular Account for each case in such form as the Court may prescribe in respect of all sums received or disbursed on behalf of the client of the firm in respect of any such appeal, cause or other matter.
NO. 4
INDEMNITY BOND BY ADVOCATE-ON-RECORD
(ORDER IV)
whereas I,_______________________________ (name, description and address) have subscribed to an undertaking to pay and discharge on behalf of myself or of the Firm namely______________________________________ Advocate-on-Record in which I am a partner from time to time and as and when the same shall become due or be demanded, all fees, charges, costs and other sums of money due of payable in respect of any appeal, cause or other matter filed by me or by the said Firm or in which I or the said Firm shall have appeared or filed any power as an Advocate-on-Record or as a firm of Advocate-on-Record.
NOW, THEREFORE, BY THESE PRESENTS I agree and consent to pay and always to keep the Court indemnified against all such fees, charges, costs and other sums as may be found to be due or payable in respect of an y one such appeal, cause or other matter or as may be demanded from me or from me or from the said firm upto the extent or Rupees Five Thousand (Rs. 5,000/-) and in the event of the same not being paid within seven (7) days of the service of the notice of demand or within such further time as may be allowed by the Court, execution may issue forthwith against me, heirs, executors and administrators, goods and chattels for a sum not exceeding Rupees Five thousand (Rs. 5,000/-).
In witness whereof I have on this the___________________ day of_______________
affixed may hand and seal.
Seal & signature of Advocate-on-Record.
Witnesses:-
1._____________________________________
2._____________________________________
NO. 5
“POWER OF ATTORNEY” TO ADVOCATE-ON-RECORD
(ORDER IV)
IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN, GILGIT
(Appellate Jurisdiction) (Original Jurisdiction)
Case No. of 20
(A.B) (Appellant)
(Petitioners) (Plaintiffs)
Versus
(C.D) (Respondent)
(Defendants) (Opposite Party)
I (we) A.B. of (residence and address of Place)
Plaintiff (s)/Appellant (s)/Petitioner(s)
Defendant(s)/Respondent(s)/Opposite Party.
In the above suit/ appeal/Petition/Reference do hereby appoint and constitute Mr_________________________ Advocate-on-Record Supreme Appellate Court, the Advocate-on- Record for the aforesaid appellant [or plaintiff(s) or petitioner(s) or respondent(s) or defendant(s) or opposite party] to commence and prosecute (or to appear and defend this action appeal/suit/petition/reference on my (our) behalf and all proceedings that may be taken in respect of any application connected with the same including proceedings in taxation and application for review, to draw and deposit money, to file and take back documents, to accept the processes of the Court, to appoint and instruct counsel, to represent the aforesaid appellant [or Plaintiff(s) or petitioner (s) or respondent (s) or defendant (s) or opposite party] in the above matter and to do all things incidental to such acting for the aforesaid appellant [or plaintiff(s) or petitioner(s) or respondent(s) or defendant(s) or petitioner] or aforesaid Advocate-on-Record in pursuance of this authority.
IN WITNESS WHEREOF I (we) do hereinto set my (our) hand (s) this the day of
(Signature)
The address for service of the said Advocate-on-Record is…………………