(3) The power given by this section shall extend and apply to all proceedings by or against the Crown. S. 78(4) (4) The power to make Rules of Court extends to the amended by repeal and amendment of rules even if they have No. 16/1986 been ratified, validated and approved by the s. 9(2)(b), substituted by Parliament. No. 19/1989 s. 13(b). S. 78(5) (5) In any case not provided for in this Act or by the substituted by Rules of Court, the general principles of practice No. 6886 s. 3, amended by and the rules observed in the Supreme Court may No. 16/1986 be adopted and applied to any proceeding with s. 16(e), such modifications as may be necessary at the substituted by No. 19/1989 discretion of the court before which the s. 13(b). proceeding is being or to be heard. S. 78(6) (6) Without limiting subsection (1), a power substituted by conferred by subsection (1)(hcb), (1)(hea) No. 19/1989 or (1)(heb) to make rules may be exercised— s. 13(b), repealed by No. 10/1999 (a) either in relation to all cases to which the s. 31(6), power extends, or in relation to all those new s. 78(6) inserted by cases subject to specified exceptions, or in No. 51/2008 relation to any specified case or class of s. 8(2), amended by case; and No. 50/2009 s. 11(b). (b) so as to make, in respect of the cases in relation to which it is exercised— (i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or (ii) any such provision either unconditionally or subject to any specified condition.
(3) The power given by this section shall extend and apply to all proceedings by or against the Crown. S. 78(4) amended by No. 16/1986 s. 9(2)(b), substituted by No. 19/1989 s. 13(b). (4) The power to make Rules of Court extends to the repeal and amendment of rules even if they have been ratified, validated and approved by the Parliament. S. 78(5) substituted by No. 6886 s. 3, amended by No. 16/1986 s. 16(e), substituted by No. 19/1989 s. 13(b). (5) In any case not provided for in this Act or by the Rules of Court, the general principles of practice and the rules observed in the Supreme Court may be adopted and applied to any proceeding with such modifications as may be necessary at the discretion of the court before which the proceeding is being or to be heard. S. 78(6) substituted by No. 19/1989 s. 13(b), repealed by No. 10/1999 s. 31(6), new s. 78(6) inserted by No. 51/2008 s. 8(2), amended by No. 50/2009 s. 11(b). (6) Without limiting subsection (1), a power conferred by subsection (1)(hcb), (1)(hea) or (1)(heb) to make rules may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, in respect of the cases in relation to which it is exercised— (i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or (ii) any such provision either unconditionally or subject to any specified condition.
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