Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan--Art.199---Constitutional petition---New plea---Scope---When a particular plea or objection is not raised before fora below, it is not open for the party to raise the controversy before High Court. Muslim Commercial Bank Ltd. v. The Punjab Labour Appellate Tribunal, Lahore and others 1989 PLC 209; Daulat Bibi v. Galeen Khan and another 1991 MLD 2335 and Mst. Shaheen Bibi (Nusrat Shaheen) v. Zulfiqar Ali Shah Kazmi and 2 others 1995 CLC 306 rel. (b) Constitution of Pakistan---Art.199---Constitutional petition---Maintainability---Remedy of review, revision or appeal, non-availing of---Effect---If such remedy provided by statute has not be availed, Constitutional jurisdiction under Art.199 of the Constitution can only be invoked in limited and exceptional circumstances. Farzand Raza Naqvi and 5 others v. Muhammad Din through Legal Heirs and others 2004 SCMR 400 rel. (c) Qanun-e-Shahadat (10 of 1984)--Arts. 117 120---Proof of fact---Burden to prove---Scope---One who raises allegation must bring something rational on record showing deviation from due process of law or clearly visible from circumstances as initial burden to construct a cause to further proceed--- For final success, on the plea of mala fide party alleging has heavy burden to be discharged--- Such is not the burden required in criminal cases or ‘beyond reasonable doubt’ but evidence in such regard has to be at least ‘clear and convincing’. Dr. Akhtar Hassan Khan and others v. Federation of Pakistan and others 2012 SCMR 455; Khushal Khan Khattak University through Vice-Chancellor and others v. Jabran Ali Khan and others 2021 SCMR 977; Government of Khyber Pakhtunkhwa through Chief Secretary and others v. Muhammad Khurshid 2021 SCMR 369 and State Bank of Pakistan v. Franklin Credit and Investment Company Ltd., through Attorney 2009 CLD 1542 rel. (d) Punjab Healthcare Commission Act (XVI of 2010)---Ss.2 (xxix), 28, 30 31--- Anti-Quackery Regulations, 2016, Regln.2 (g)---Constitution of Pakistan, Art. 199---Constitutional petition---Quackery, curbing ofs were dispensers and were aggrieved of fine imposed upon them by authorities for conducting surgical procedures on patients…

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