| Citation(s) |
|---|
| 2020 SLG 425 2020 SLD 425 2020 CLC 264 |
Lahore High Court
I.C.A. No. 60 of 2019, decision dated: 12-11-2019.
ATIR MAHMOOD, JUSTICE, MIRZA VIQAS RAUF, JUSTICE
Petitioner(s) by: Malik Ghulam Mustafa Kandwal Mujeeb-ur-Rehman Kiani, Additional Advocate-General for Punjab.
Respondent(s) by: Raja Muhammad Farooq Raza TMA.
I.C.A. No. 60 of 2019, decision dated: 12-11-2019.
ATIR MAHMOOD, JUSTICE, MIRZA VIQAS RAUF, JUSTICE
Petitioner(s) by: Malik Ghulam Mustafa Kandwal Mujeeb-ur-Rehman Kiani, Additional Advocate-General for Punjab.
Respondent(s) by: Raja Muhammad Farooq Raza TMA.
ATIR MAHMOOD, JUSTICE MIRZA VIQAS RAUF, JUSTICE MUHAMMAD NADEEM KHAN AND OTHERS
VS
MUNICIPAL CORPORATION THROUGH ADMINISTRATOR, JHELUM AND OTHERS
Law: Punjab Local Government Act, 2019
Section: 3,15,301,312
Law: Law Reforms Ordinance, 1972
Section: 3(2)
Law: Punjab Local Government Act, 2013
Section: 2(v)
Law: Arbitration Act, 1940
Section: 39
Punjab Local Government Act (XIII of 2019)--- ----Ss. 3, 15 & 301--- Arbitration Act (X of 1940), S. 39--- Law Reforms Ordinance (XII of 1972), S. 3(2)--- Intra-Court Appeal--- Maintainability--- Alternate remedy--- Availability--- Appellants were holding tenancy rights in shops owned by Municipal Corporation and they were aggrieved of their auction---Single Judge of High Court declined to interfere in order of auction passed by municipal authorities--- Validity--- Term 'order' used in S. 301 of Punjab Local Government Act, 2019 could not be circumscribed into a particular form--- Any direction, determination in pursuance to some proceedings like proceedings of District Assessment Committee, resulting into finalization of assessment of rent could be termed as an 'order' contemplated in S.301 of Punjab Local Government Act, 2019--- Rent agreements executed inter se parties contained arbitration clause and had provided a mechanism for resolution of disputes inter se parties--- Appellants did not invoke arbitration clause and instead filed Constitutional petition but they had opted to invoke the same that should be proceeded as per mandate of Arbitration Act, 1940 which had provided remedy of appeal in terms of S. 39 of Arbitration Act, 1940--- Division Bench of High Court in view of provisions of S. 39 of Arbitration Act, 1940 declined to interfere in the matter as appellants, under provisions of S. 3(2) of Law Reforms Ordinance, 1972 were precluded to file Intra court appeal--- Intra-court appeal was dismissed in circumstances. The Webster's New Twentieth Century Dictionary of the English Language Unabridged (Second Edition); Black's Law Dictionary (Tenth Edition); Cambridge Advanced Learner's Dictionary (4th Edition); Oxford Advanced Learner's Dictionary (New 8th Edition); Kitabistan's New Millennium Two-In-One Composite Dictionary; Abdul Jabbar and others v. General Manager (Personnel) Pakistan Railways and others 2018 SCMR 64; Mst. Karim Bibi and others v. Hussain Bakhsh and another PLD 1984 SC 344; Muhammad Abdullah v. Deputy Settlement Commissioner, Centre-I, Lahore PLD 1985 SC 107; Secretary to the Government of Punjab, Revenue Department and others v.…
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