Sri Pratap Jammu and Kashmir Laws Consolidation Act, 1977 (1920 A.D.)
No: 4 Dated: Mar, 30 1977
THE SRI PRATAP JAMMU AND KASHMIR LAWS CONSOLIDATION ACT, 1977 (1920 A. D.)
(Act No. IV of Samvat 1977)
Where 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) If extends to the whole of the State Jarnmu and Kashmir.
[(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. Repealed.]
[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 Repealed.]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:-
[(a) The Acts for the time being in force in Jammu and Kashmir State;]
[(b) Orders, Hidayats, Ailans, Notification, Ishtihars, Circulars, Robkars, Irshads, Yadashts, State Council Resolution, Rules, Proclamations and Ordinances issued, passed, published or made by or under the authority of the 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, partitions, castes or any religious usage or institution, the rules of decision is and shall be-
the Mohmmeddan 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 follow, as far as practicable, the [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 mercantile 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.