Law: Civil Procedure Code (V of 1908)

Section: 1

Law: Constitution of Pakistan, 1973

Section: 199

(a) Khyber Pakhtunkhwa Anti-Corruption Establishment Rules, 1999--- ----Rr.3, 8---Civil Procedure Code (V of 1908), S. 114, O. XLVII, R. 1---Constitution of Pakistan, Art. 199---Constitutional petition---Preliminary/open enquiries against public servants---Scope---Petitioners sought review of order passed by High Court in writ petition wherein they had challenged a notice issued by Khyber Pakhtunkhwa Anti-Corruption Establishment for deposit of embezzled amount---Validity---Nowhere in the Khyber Pakhtunkhwa Anti-Corruption Establishment Rules, 1999, it had been provided that before initiating preliminary inquiry or after completion of the inquiry or registration of a criminal case a notice for deposit of embezzled amount was required to be issued and even otherwise, once it was proved that the offence was committed, then any payment made subsequent thereto, did not absolve the accused of criminal liability and in this respect procedure as to investigation and dropping of the proceedings had been provided under R.8---Issuance of impugned notice to the petitioners to deposit the amount was not in accordance with law---Notice was set aside being illegal, unlawful and without jurisdiction, however, the petitioners could be proceeded against in accordance with law---Review petition was disposed of accordingly. (b) Civil Procedure Code (V of 1908)--- ----S. 114---Review---Scope---Right to claim review of any decision of a Court of law, like the right of appeal is a substantive right and not mere matter of procedure. PLD 2007 SC 121 ref. (c) Civil Procedure Code (V of 1908)--- ----S.114, O. XLVII, R.1---Review---Scope---Section 114, C.P.C., deals with jurisdiction of Court to review its s, according to which any person considering himself aggrieved from the decree or order from which an appeal allowed, but no appeal has been preferred or where no such appeal is allowed or by a decision on a reference from a Court of Small Causes may apply for review of the of the Court which passed the decree or order, the Court may make such order thereon as it think fit, while the grounds on which a review can be sought are enumerated under O. XLVII, R. 1, C.P.C.---Power of review…

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