Law: Law Reforms Ordinance, 1972

Section: 3(2)

(a) Law Reforms Ordinance (XII of 1972)--- ----S.3(2)---Intra Court Appeal---Maintainability---Right of appeal, non-availing of---Effect---If right of appeal available under statute is not availed even then bar contained in provision to S.3(2) of Law Reforms Ordinance, 1972, is applicable---Intra Court Appeal is not maintainable in such circumstances. Mst. Karim Bibi and others v. Hussain Bakhsh and others PLD 1984 SC 344; Ch. Nazir Ahmad v. Moulvi Masood ur Rehman Khan and others PLD 2008 Lah. 405; Secretary Education (Schools), Government of Punjab and others v. Tariq Mehmood 2005 PLC (C.S.) 851; National Electric Power Regulatory Authority, Islamabad v. Gujranwala Energy (Pvt.) Ltd. 2020 CLC 173; Willam Lawrence v. Government of Pakistan and others 1986 SCMR 1077; Government of Pakistan through Secretary, Ministry of Interior v. Muhammad Yasin and others PLD 1997 SC 401; Al Ahram Builders (Pvt.) Ltd v. Income Tax Appellate Tribunal 1993 SCMR 29 = 1992 PTD 1671; Raja Muhammad Ramzan and others v. Union Council and others 1994 SCMR 1484; Wealth Tax Officer and others v. Shaukat Afzal and others 1993 SCMR 1810; Syed Qamar Ahmad and others v. Anjum Zafar and others 1994 SCMR 65 and Muhammad Jameel Sohail and others v. The Income Tax Officer/Tax Recovery Officer, Lahore C.P.S.L.A No.832-L of 1995 rel. (b) Punjab Regularization of Service Act (XV of 2018)--- ----Ss.6 12---Constitution of Pakistan, Art.37(d)---Right of appeal---Good governance---Inexpensive and expeditious justices were aggrieved of refusal of authorities to regularize their services---Validity---When a power was vested in State functionary empowering him to do something, then concerned functionary was obliged to exercise such power fairly and in the manner provided under relevant statue---Right of appeal was not merely a matter of procedure but a substantive right---Appellate forums had ample powers to scrutinize documents on record and exercise same jurisdiction as vested in original authority---Inexpensive and expeditious justice to people of Pakistan was ensured by State under the provisions of Art.37(d) of the Constitution---Denial of right of appeal by not appointing appellate forum under…

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