Section 51: Decision as to jurisdiction and statute of limitation to be made

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1) Notwithstanding anything contained elsewhere in this Act, where the accused, in making statement in relation to any case, or the defendant, in filing a memorandum of defence, raises a question that the court lacks jurisdiction or the statute of limitation has expired, the court shall initiate other proceedings in such case only after deciding such question, and if the case does not appear to fall under its jurisdiction, the court shall order that it be presented to the proper court.

2) A petition may be made to the appeal hearing court against the decision made pursuant to sub-section (1), not later than thirty-five days of the date of such decision.

3) A question settled pursuant to sub-section (1) or (2) shall not be raised again in the appeal hearing court.

Provided that this provision shall not apply to an interlocutory order made in the course of proceeding of the case.

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