HIGH
COURT (LAHORE) ORDER, 1947[1] In
exercise of the powers conferred by section 9 of the Indian Independence Act,
1947, and of all other powers enabling him in that behalf the Governor-General
is pleased to make the following Order:-- This
Order may be cited as the High Court (Lahore) Order, 1947. (1)
The Interpretation Act, 1889, applies
for the interpretation of the Order as it applies for the interpretation of an
Act of Parliament. (2)
In this Order,- "the
appointed day" means the 15th day of August, 1947; "the
High Court at Lahore" means the High Court of Judicature at Lahore,
established by Letters Patent, dated the 21st March, 1919. The
High Court at Lahore shall continue to exist on and after the appointed day,
and shall, save as expressly provided by the High Courts (Punjab) Order, 1947,
have all such original, appellate and other jurisdiction as it had immediately
before that day. Without
prejudice to the general effect of the preceding article, any person holding
office as a Judge of the High Court at Lahore immediately before the appointed
day (including the person holding office as Chief Justice of the said Court and
any person holding office as a temporary or additional Judge thereof) shall,
subject to the provisions of the High Courts (Punjab) Order, 1947, continue, as
from that day, to hold the like office on the same terms and conditions as were
applicable in his case immediately before that day. Subject
to any general or special orders or arrangements affecting his case, any person
who, immediately before the appointed day, is serving as a clerk or other
officer of the High Court at Lahore shall, as from that day remain in the
service of the said Court on the like terms and conditions as were applicable
to him immediately before that day: Provided
that the Chief Justice Of the said Court may, on or after the appointed day,
determine the appointment of any such person as aforesaid if he thinks it
expedient so to do having regard to any changes effected by or under the Indian
Independence Act, 1947. Any
rules or orders with respect to practice or procedure in force in the said High
Court at Lahore immediately before the appointed day shall remain in force as
from that day until altered or modified by a competent authority. Nothing
in this Order shall prejudice the application to the High Court at Lahore of
any relevant provisions of Part IX of the Government of India Act, 1935, as it
applies in relation to the Dominion of India; and the provisions of this Order
shall have effect subject to any provision made on or after the appointed day
with respect to the High Court at Lahore by any Legislature or other authority
having power to make such provision.HIGH COURT (LAHORE) ORDER, 1947
PREAMBLE