General powers of Court of Appeal
(Cap. 121J
Law and equliy; no be addiered
in Supreme Coun
1. 1935
s. 1644.)
Practice of Зирение
Court.
Mation for
new trial
1925 0 49.
*. 30.
Malamu
aludding and
receiver.
BL 1977
c. 49. s. 45.||
1956 . 46.
1. 360. 01.
(e) without the leave of the High Court or the Court of Appeal, from an order made with consent of the parties or as to costs only which by law are left to the discretion of the Court;
[ without the leave of the High Court or the Court of Appeal, from a judgment or order of the High Court given or made in summarily determining under rules of court any question at issue in inter- pleader proceedings:
Provided that this paragraph shall have no effect in relation to any interpleader issue which is tried by a judge whether with or without a jury.
15. Subject to the Criminal Procedure Ordinance and without prej- udice to any other law, the Court of Appeal shall, for the purposes of and incidental to the bearing and determination of any appeal or other matter, and the amendment, execution and enforcement of any judgment or order, have all the power, authority and jurisdiction of the High Court.
16. (1) In every civil cause or matter law and equity shall be admin- istered by the Supreme Court as they are administered by the High Court and the Court of Appeal in England
(2) In all causes or matters in which there is any conflict or variance between the rules of equity and the rules of common law with reference to the same subject, the rules of equity shall prevail.
17. Subject to rules of court, the practice of the Supreme Court of Judicature in England for the time being in force therein shall be in force in the Supreme Court.
18. Every motion for a new trial, or to set aside a verdict, finding or judgment, in any civil cause or matter in the High Court in which there has been a trial thereof or of any question or issue of fact therein with a jury shall be heard and determined by the Court of Appeal,
19. (1) The High Court may grant a mondamur or an injunction, or appoint a receiver by an interlocutory order in all cases in which it appeara to the High Court to be just or convenient so to do.
(2) Any such order may be made either unconditionally or on such terms and conditions as the High Court thinks just.
(3) If, whether before, or at, or after the hearing of any cause of matter, an application is made for an injunction to prevent any threatened or apprehended waste or trespass, the injunction may be granted, if the High Court thinks fit, whether--
(a) the person against whom such injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title, and
(b) the estates claimed by both or by either of the parties are legal or
equitable.
(4) The power of the High Court to appoint a receiver by way of equitable execution shall be extended so as to operate in relation to land and any interest in land.
(3) The power under subsection (4) may be exercised in relation to land or any interest in land (whether or not a charge has been imposed on that land or interest under section 20 for the purpose of enforcing the judgment. decree, order or award under that section), and the power shall be in addition to and not in derogation of any power of any court to appoint a receiver in proceedings for caforcing such a charge.
7
to magse
20. (1) The High Court may, for the purpose of enforcing a judgment. Power of or order of the High Court for the payment of money to a person, by High Court order impose on such land or interest in land of the debtor as may be charges on specified in the order a charge for securing the payment of any moneya dus and ol or to become due under the judgment or order.
fud
deblos.
(2) An order under subsection (1) may be made either absolutely or 14, 1956 subject to conditions as to notifying the debtor as to the time when the 46. u. 191 charge is to become enforceable or as to other matters.
(3) The Land Registration Ordinance shall apply to orders under (Cap. 128) subsection (1) as it applies to registration of judgments or orders affecting land but, save as aforesaid, a charge imposed under subsection (1) shall have the like effect and shall be enforceable in the same manner as an equitable charge created by the debtor by writing under bis band.
(4) This section shall apply to a judgment, order, decree or award however called of any court or arbitrator, including any foreign court or foreign arbitrator, which is or has become enforceable, whether wholly or to a limited extent, as it applies to a judgment or order of the High Court
c. 46. 8. 38.1
31. A sum standing to the credit of a person in a deposit apopunt in Atached a bank shall, for the purposes of the jurisdiction of the High Court to of debt, attach debis for the purpose of satisfying judgments or orders for the l. 1956 payment of money, be deemed to be a sum due or accruing to that person and, subject to rules of court, shall be attachable accordingly, notwithstand- ing that any of the following conditions applicable to the account, that is to say--
(a) any condition that notice îs required before any money is with-
drawn.
(b) any condition that a personal application must be made before any
money is withdrawn;
(c) any condition that a deposit book must be produced before any
money is withdrawn;
(d) any condition that a receipt for money deposited must be produced
before any money is withdrawn; or
(e) any other condition prescribed by rules of court,
has not been atisfied.
22. (1) Where any person neglects or refuses to comply with a judg- Execnion of ment or order of the High Court directing him to-
(a) execute any conveyance, contract or other document; or (b) endorse any negotiable instrument,
the High Court may, on such terms and conditions as it thinks fit, order that it shall be executed or endorsed, as the case may be, by a person nominated by the High Court for that purpose.
(2) A conveyance, contract, document or instrument executed or en- dorsed in accordance with aubsection (1) shall have the same effect as if it had been executed or endorsed by the person originally directed to extcuts or endorse it.
(3) Nothing herein shall be held to abridge the powers of the High Court to proceed by attachment against any person neglecting or refusing to execute or endorse any such instrument.
RESUMINGDAN
by order of Hlab Court. Ter. 1929
c. 49, t. 47.)
trabeas corpur.
65, 1. 14.1
23. (1) Notwithstanding anything in any law or rule of court, where a criminal or civil application for habeas corpur has been made by or in tạt 1960 respect of any person, no such application shall again be made to the High
No comments yet.
Private notes are available after approval.