| Citation(s) |
|---|
| 2014 SLG 2219 2014 SLD 2219 2014 PLD 436 |
Lahore High Court
Objection Case Dairy No. 8546 of 2014, decided on 12th February 2014
SYED MANSOOR ALI SHAH AND SHUJAAT ALI KHAN, JJ
Rana Adeel Sajjad for Appellant. Khawaja Salman Mahmood, Asstt. A.G. Punjab
Objection Case Dairy No. 8546 of 2014, decided on 12th February 2014
SYED MANSOOR ALI SHAH AND SHUJAAT ALI KHAN, JJ
Rana Adeel Sajjad for Appellant. Khawaja Salman Mahmood, Asstt. A.G. Punjab
Rana NAVEED AHMAD KHAN
VS
PROVINCE OF PUNJAB through Secretary LG and CD
Law: Law Reforms Ordinance, 1972
Section: 3
Law: High Court Rules and Orders (Lahore) Vol. V (Revised Edition, 2010)
Section: Chap.I,Part9A
Law: Constitution of Pakistan, 1973
Section: 199
Law Reforms Ordinance (XII of 1972) ---S. 3-Constitution of Pakistan, Art.199---High Court Rules and Orders (Lahore) Vol. V (Revised Edition, 2010); Chap. I, Part 9-A---1ntra-court appeal---Scope---Intra-court appeal against order of single judge in an office objection case relating the maintainability of a constitutional petition---Maintainability---In order to maintain an intracourt appeal in terms of S.3 of the Law Reforms Ordinance, 1972; order under challenge subject to proviso of S.3 of the Ordinance must have been passed while exercising "original civil jurisdiction" or "constitutional jurisdiction" of the High Court under Art. 199 of the Constitution---Single Judge while hearing an objection case was performing an administrative function and only after an office objection was overruled; that the case matured on the judicial side and formally entered the area of "original civil jurisdiction" or "constitutional jurisdiction" as the case may be---At the objection stage, the case was still premature, and fell within the domain of administrative jurisdiction of he single Judge---Intra-court appeal was, therefore, not maintainable against such an order; and was dismissed, in circumstances Employees Management Group, Pak-Saudi Fertilizers Limited through Authorised Representative v. Department of Pakistan in the Ministry of Privatization (Privatization Commission), Pak Secretariat, Islamabad through Secretary and 8 others 2002 YLR 1487; Objection Case Diary No.19895 of 2004; Lahore Race Club through Secretary and others v. Raja Khushbakht-ur-Rehman PLD 2008 SC 707; Brothers Steel Mills Ltd. and others v. Mian Ilyas Miraj and 14 others PLD 1996 SC 543 and Pakistan Fisheries Ltd., Karachi and others v. Unite Bank Ltd. PLD 1993 SC 109 rel. OFFICE OBJECTION Through this ICA, the appellant has impugned order dated 20-1-2014 passed by the learned Judge in Chamber whereby the office objection raised on the writ petition filed by the appellant (Diary No.4524 of 2014) was sustained in the following manner:--- "Office has raised an objection that the writ is not competent in view of the bar contained in Article 212 of the Constitution of Islamic Republic of Pakistan,…
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