Law: Constitution of Pakistan, 1973

Section: 199

Law: Illegal Dispossession Act, 2005

Section: 3,9

(a) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 9---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Illegal dispossession-Petitioner had prayed for setting aside the whereby Trial Court had acquitted the accused---Maintainability of constitutional petition was objected to on the ground that under S.9 of Illegal Dispossession Act, 2005, the provisions of Criminal Procedure Code, 1898 were applicable to the proceedings and in circumstances appeal against acquittal should have been filed instead of the constitutional petition---Counsel for the petitioner had contended that Illegal Dispossession Act, 2005, being a special law and there being no provision qua the right of appeal, constitutional petition was maintainable---Validity---No doubt, there was no specific provision in the Illegal Dispossession Act, 2005 granting right of appeal to any party aggrieved by order passed under S.3 of Illegal Dispossession Act, 2005 however, right of an appeal was presumed to be part of statute, even if it was not specifically mentioned in the relevant law---Constitutional petition being not maintainable, was dismissed, in circumstances. Quaid Johar v. Murtaza Ali and another PLD 2008 Kar. 342; Yafas v. The State and others PLD 2007 Pesh. 123 and Mian Bahadur Jan v. The State and another PLD 2009 Pesh. 70 ref. (b) Constitution of Pakistan--- ----Art. 199---Illegal Dispossession Act (XI of 2005), S.3---Filing constitutional petition in a criminal lis by special attorney---Competency---Counsel for the respondents had contended that constitutional petition in a criminal matter could not be filed through special attorney---Validity---Held, it was not a simple matter of restoration of possession of a house or a matter involving civil rights, but was subsequently a criminal lis, which could not be agitated or Wended through a special attorney. Quaid Johar v. Murtaza Ali and another PLD 2008 Kar. 342 ref. JUDGMENT SH. AHMAD FAROOQ, J.-Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed for setting aside the judgment dated 5-3-2007, whereby the trial conducted by…

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