Nature of relief.
Costa in
civil pro- ceedings to which
the Crown
in a party.
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(2) Without prejudice to the rights of the Crown under the preceding provisions of this section, all rules of law and enact- ments relating to the removal or transfer of proceedings from the District Court to the Supreme Court, or the transfer of proceedings from the Supreme Court to the District Court, shall apply in relation to proceedings against the Crown:
Provided that an order for the transfer to the District Court of any proceedings against the Crown in the Supreme Court shall not be made without the consent of the Crown.
16. (1) In any civil proceedings by or against the Crown the court shall, subject to the provisions of this Ordinance, have power to make all such orders as it has power to make in proceed- ings between subjects, and otherwise to give such appropriate relief as the case may require :
Provided that—
(a) where in any proceedings against the Crown any such relief is sought as might in proceedings between subjects be granted by way of injunction or specific performance, the court shall not grant an injunction or make an order for specific performance, but may in lieu thereof make an order declaratory of the rights of the parties; and (b) in any proceedings against the Crown for the recovery of land or other property, the court shall not make an order for the recovery of the land or the delivery of the property, but may in lieu thereof make an order declaring that the plaintiff is entitled as against the Crown to the land or property or to the possession thereof..
(2) The court shall not in any civil proceedings grant any injunction or make any order against an officer of the Crown if the effect of granting the injunction or making the order would be to give any relief against the Crown which could not have been obtained in proceedings against the Crown.
17. In any civil proceedings or arbitration to which the Crown is a party, the costs of and incidental to the proceedings shall be awarded in the same manner and on the same principles as in cases between subjects, and the court or arbitrator shall have power to make an order for the payment of costs by or to the Crown accordingly:
Provided that-
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(a) in the case of proceedings to which by reason of any enactment or otherwise the Attorney General is authorized to be made a party, the court or arbitrator shall have regard to the nature of the proceedings and the character and circumstances in which the Attorney General ap- pears, and may in the exercise of its or his discretion order any other party to the proceedings to pay the costs of the Attorney General whatever may be the result of the proceedings; and
(b) nothing in this section shall affect the power of the court or arbitrator to order, or any enactment providing for, the payment of costs out of any particular fund or pro perty, or any enactment expressly relieving any depart- ment or officer of the Crown of the liability to pay costs. 18. Subject to the provisions of this Ordinance, all enact- Appeals ments and rules of court relating to appeals and stay of execution and stay of shall, with any necessary modifications, apply to civil proceedings by or against the Crown as they apply to proceedings between subjects.
execution.
19. (1) Subject to the provisions of this section, any re- Scope of ference in this Part of this Ordinance to civil proceedings by the Part II Crown shall be construed as a reference to the following proceed- ings only-
(a) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordinance had not been passed, might have been enforced or vindicated or obtained by any such proceedings as are mentioned in paragraph of the First Schedule to This Ordinance;
(b) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordin- ance had not been passed, might have been enforced or vindicated or obtained by an action at the suit of any Government department or any officer of the Crown as such;
(c) all such proceedings as the Crown is entitled to bring by
virtue of this Ordinance;
and the expression "civil proceedings by or against the Crown" shall be construed accordingly.
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