High Court of the Provinces (Special Provisions) (Amendment) Act 2006

Procedure Code (Chapter 101) and of any written law applicable to the exercise of the jurisdiction referred to in subsection (1) by the

Court of Appeal, shall be read and construed as including a reference to a High Court established by Article 154P of the Constitution for a Province and any person aggrieved by any judgment, decree or order of a District

“Jurisdiction to hear appeals from

District

Courts and

Family

Courts.

Court or a Family Court, as the case may be, within a Province, may invoke the jurisdiction referred to in that subsection, in the High Court established for that Province :

Provided that no judgment or decree of a

District Court or of a Family Court, as the case may be, shall be reversed or varied by the High

Court on account of any error, defect or irregularity, which has not prejudiced the substantial rights of the parties or occasioned a failure of justice.

5B. The jurisdiction of a High Court of a

Province referred to in section 5A, shall be ordinarily exercised at all times by not less than two judges of that Court, sitting together as such High Court.

5C.

Court

Supreme Court from any judgment, decree or order pronounced or entered by a High Court established by Article 154P of the Constitution in the exercise of its jurisdiction granted by section 5A of this Act, with leave of the Supreme

Court first had and obtained. The leave requested for shall be granted by the Supreme

Court, where in its opinion the matter involves a substantial question of law or is a matter fit for review by such Court.

of Article 127 of the Constitution, in regard to any appeal made to the Supreme Court under subsection (1) of this section.

Hearing of appeals.

Appeal to the

Supreme

Court from decisions of the High

5D. (1) Where any appeal or application in respect of which the jurisdiction is granted to a

High Court established by Article 154P of the

Constitution by section 5A of this Act is filed in the Court of Appeal, such appeal or application, as the case may be, may be transferred for hearing and determination to an appropriate

High Court as may be determined by the

President of the Court of Appeal and upon such reference, the said High Court shall hear and determine such appeal or the application, as the case may be, as if such appeal or application was directly made to such High Court.

Any such direction may be made by reference to the year in which the appeal or application, as the case may be, was filed in the Court of

Appeal and such High Court shall be vested with jurisdiction to hear and determine such appeal or application, as the case may be, in accordance with the provisions of section 5A of this Act, as if such appeal or application was filed directly in such High Court.”.