Law: Defamation Ordinance (LVI of 2002)

Section: 13

(a) Defamation Ordinance (LVI of 2002)--S.13 & Preamble---Constitution of Pakistan, Art. 199---Interpretation of S.13, Defamation Ordinance, 2002---Trial of cases under Defamation Ordinance, 2002---Jurisdiction---Scope---Suit for damages on ground of loss of reputation and defamation was decreed by Trial Court (which was the civil court)---Contention of the defendant was that suit of plaintiffs was barred under S.13 of the Defamation Ordinance, 2002 as only the District Court had jurisdiction to try the same and Trial Court had no jurisdiction in respect of the matter, therefore the impugned proceedings were coram non judice---Validity---Special law excluded general law and where a special tribunal/court was constituted to hear and decide a dispute which came under the relevant statute, then all other courts would stand debarred from exercising powers of the same nature---Section 13 of the Defamation Ordinance, 2002 provided that the District Court shall have the jurisdiction to try cases under the Ordinance, and the language used in S.13 of the Defamation Ordinance, 2002 was absolutely clear and unambiguous while the use of the word "shall" was of great significance---Interpretation of S.13 of the Defamation Ordinance, 2002 made it abundantly clear that all cases in respect of defamation and/or the matters connected therewith or incidental thereto could be tried under the Ordinance only by the District Court and no other Court, including the High Court, shall have jurisdiction in respect thereof---Suit for defamation, in the present case, ought to have been filed by the plaintiffs before the District Court---High Court declared impugned proceedings of civil court as coram non judice and void ab initio and having no legal effect---High Court converted appeal of defendants into a constitutional petition and set aside impugned order of Trial Court---Constitutional petition was allowed, accordingly. Pakistan Herald Publications (Pvt.) Ltd. and 2 others v. Karachi Building Control Authority through Controller of Buildings 2012 CLD 453; A. Khalid Ansari v. Mir Shakil ur Rehman 2011 CLD 1196; Industrial Development Bank of Pakistan v. Allied Bank of Pakistan and…

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