SRI PARTAP JAMMU AND KASHMIR
LAWS (CONSOLIDATION)
ACT, 1977.
(Act No. IV of Samvat 1977)
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SRI PARTAP JAMMU AND KASHMIR LAWS
CONSOLIDATION ACT, SVT. 1977 (1920 A. D.).
(Act No. IV of Samvat 1977)
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CONTENTS
Preamble.
SECTION. SECTION.
1. Title, extent and commencement.
2. Repealed.
3. Repealed
4. Laws in force
5. Customs and Mercantile usages.
6. to 9-A. Repealed. ------
10. Repealed.
11. Extent.
12. Repealed. The First Schedule-Repealed. The Second Schedule-Rpealed. The Third Schedule-Repealed. The Forth Schedule-Repealed. ———
THE SRI PARTAP CONSOLIDATION ACT, SVT. 1977 (1920 A. D.) 3
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THE SRI PRATAP JAMMU AND KASHMIR LAWS
CONSOLIDATION ACT, 1977 (1920 A. D.)
(Act No. IV of Samvat 1977.) ———
[Sanctioned by His Highness the Maharaja Sahib Bahadur per Chief Minister's letter No. 8372, dated the 11th September, 1920 read with State Council Resolution No. 1, dated 8th April, 1925 (Notification No. 14-L/81). The original Act with four Schedules was published in Government Gazette dated 16th, 23rd and 30th Chet,
1977].
Whereas it is expedient to amend, consolidate and codify, as far as possible, and declare the laws generally administered and to be administered by the Civil and Criminal Courts of the Jammu and Kashmir State ; it is hereby enacted as follows :-
Preliminary
1. Title, extent and commencement.—(1) This Act may be called the Sri Pratap Jammu and Kashmir Laws (Consolidation) Act, 1977.
(2) It extends to the whole of the State Jammu and Kashmir. 1 (3) And it shall come into force on and from such date as may, by notification in the Jammu and Kashmir Government Gazette, be specified in this behalf.
2 2. Repealed.
2 3. Repealed.
4. Laws in force.—(1) The laws administered and to be administered by the Civil and Criminal Courts of the State of Jammu and Kashmir are and shall, be as follows:-
3 [(a) The Acts for the time being in force in Jammu and Kashmir State ;]
1. It was enforced for a period of two years in the first instance from 1st Baisakh, 1978 (per Chief Minister Endorsement No. 8372 dated 11th September, 1920 and letter No.115291/9gdl. dated the Ist November,1920). From time to time its enforcement was extended for further periods. From 1st Baisakh, 1981 it was ordered that it should remain and continue in force without limit of time by State Council Resolution No. 1, dated 8th April, 1925 (Notification No. 14-L/81).
2. Sections 2 and 3 repealed by Act XI of Samvat 1996.
3. In section 4 clauses (a)", (b) and (c) substituted and clause (f) made sub-section
(2) of this section and rest of this section numbered as sub-section (1) by Act XI of Samvat 1996.
THE SRI PARTAP CONSOLIDATION ACT, SVT. 1977 (1920 A. D.) 5
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1 [(b) Orders, Hidayats, Ailans, Notifications, Ishtihars, Circulars, Robkars, Irshads, Yadashts, State Council Resolution, Rules, Proclamations and Ordinances i ssued, passed, publ i shed or made by or under the authority of His Highness or by any other competent authority empowered to make and promulgate laws for the time being ;]
(c) the rules having the force of law made and promulgated under the provisions of any Act or law for the time being in force in the State of Jammu and Kashmir ;
(d) in question regarding succession, inheritance, special property of females, betrothals, marriage, divorce, dower, adoption, guardianship, minority bastardy, family relations, wills, legacies, gifts, waqf, parti tions, castes or any religious usage or institution, the rules of decision is and shall be— the Mohammedan Law in cases where the parties are Mohammedans and the Hindu Law in cases where the parties are Hindus, except in so far as such law has been, by this or any other enactment, altered or abolished or has been modified by any custom applicable to the parties concerned which is not contrary to justice, equity and good conscience and has not been, by this or any other enactment, altered or abolished, and has not been declared to be void by any competent authority ;
(e) in questions relating to the Law of Torts, the State Courts shall fol low, as far as practicable, the2[Indian Law].
(2) In cases not otherwise specially provided for, the Courts shall act according to justice, equity and good conscience .
5. Customs and Mercantile usages.—All local customs and mercantiles usages shall be regarded as valid, unless they are contrary to justice, equity and good conscience, or have been, or shall be, declared to be void by any competent authority.
3 6. Repealed.
3 7. Repealed.
1. Section 4(1) (b) re-substituted by Act VI of Samvat 2005.
2 . Substituted for ''British Indian Law'' by A.L.O. 2 008. 3. Section 6,7, 8, 9, 9-A repealed by Act XI of Samvat 1996.
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1 8. Repealed.
1 9. Repealed.
1 9-A. Repealed.
2 10. Repealed.
11. Extent.—3[All Acts now in force or hereafter to be enacted] shall, unless otherwise expressly provided , extend to the whole of Jammu and Kashmir State,4[x x x x ].
5 12. Repealed.
6 The First Schedule Repealed.
6 The Second Schedule Repealed.
6 The Third Schedule Repealed.
6 The Fourth Schedule Repealed. ———
1. Section 6,7, 8, 9, 9-A repealed by Act XI of Samvat 1996.
2. Section 10 repealed by Act X of Samvat 2010.
3 . Substituted for the words ''The enactment embodied in Schedules II and III of this Regulation'' by Act XI Samvat 1996.
4 . Certain words omitted by Act X of Samvat 2010. 5. Section 12 repealed by Act XIV of Samvat 1996. 6. The First Schedule, the Second Schedule, the Third Schedule and the Fourth Schedule repealed by Act XI of Samvat 1996 as amended by Act VI of Samvat 2005.
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