872
The Protection Against Domestic Violence Bill. 20 I 3
(3) Nothing in this section shall limit any other power
of the court to hear proceedings in private or to exclude any
person from the court.
Ev idence.
36. In any proceedings under this Act, and during
hearing in the first instance or during hearing of an appeal,
or otherwise, the court may receive any evidence it thinks
fit, for the fair determination of the case.
\ ppeal by
lespondent.
37. (l) The respondent may appeal to the High Court
against the making of a protection order or any term thereof
within thirty days of the date of the order.
(2) An appeal under subsection ( 1) shall not stay the
operation of the order unless ·the respondent moves the
court for an order of stay.
(3) The court which made the order may, on the
application of the respondent and taking into account the
circumstances of the case, stay the operation of the order or
any term thereof pending the decision of the appeal.
(4) The appellant shall give notice of appeal to the
protected person where such person was not a party to the
proceedings for the order appealed against.
(5) An .appeal under this section shall be made in the
prescribed manner.
(6) An appellant seeking a stay of operation of a
protectioo~er or any term of the order shall give notice
to the applicant and any person required to be notified
under subsection (4).
(7) In staying the operation of a protection order or
any term thereof, the court may impose bail conditions on
the appellant as though the appellant were an accused
person being released from custody on bail.
•peal by applicant .
38. ( 1) If the court(a) decides not to grant a protection order ; or
(b) makes an order and the applicant is aggrieved by
the terms thereof, the applicant may appeal to the
High Court within thirty days of the ruling.
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