| Citation(s) |
|---|
| 2021 SLG 390 2021 SLD 390 2021 MLD 223 |
Lahore High Court
I.C.A. No. 38 of 2020, heard on 3-12-2020, Date of hearing: 3-12-2020.
TARIQ SALEEM SHEIKH, JUSTICE, ANWARUL HAQ PANNU, JUSTICE
Tahir Mehmood assisted by Malik Muhammad Yousaf Arain for Appellant. Waseem-ud-Din Mumtaz, Assistant Advocate General with Aziz Ullah/SI for the State. Mian Abbas Ahmad assisted by Muhammad Nasir Sikhani for
Respondents Nos.4 and 5.
I.C.A. No. 38 of 2020, heard on 3-12-2020, Date of hearing: 3-12-2020.
TARIQ SALEEM SHEIKH, JUSTICE, ANWARUL HAQ PANNU, JUSTICE
Tahir Mehmood assisted by Malik Muhammad Yousaf Arain for Appellant. Waseem-ud-Din Mumtaz, Assistant Advocate General with Aziz Ullah/SI for the State. Mian Abbas Ahmad assisted by Muhammad Nasir Sikhani for
Respondents Nos.4 and 5.
ABDUL QADIR
VS
THE STATE AND 4 OTHERS
Law: Law Reforms Ordinance, 1972
Section: 3
Law: Constitution of Pakistan, 1973
Section: 199
Law Reforms Ordinance (XII of 1972)--- ----S.3----Constitution of Pakistan, Art. 199---Intra-court appeal---Jurisdiction conferred under S.3 of Law Reforms Ordinance, 1972---Scope---Intra-court appeal barred in certain cases---Scope impugned order passed in Constitutional petition whereby criminal proceedings against respondent were quashed and respondent was allowed to be released on bail---Contention of respondent, inter alia, was that intra-court appeal against such order was not maintainable---Validity----In order to determine forum of appeal, courts must look to the nature of proceedings in which impugned order sought to be appealed, had been made---Proceedings in which impugned order, in the present case, was passed were criminal in nature, therefore intra-court appeal under S.3 of Law Reforms Ordinance, 1972 was not maintainable----Intra-court appeal was dismissed, in circumstances. Tata Iron and Steel Company Ltd. v. The Chief Revenue Authority of Bombay AIR 1923 PC 148; Ahmad Khan v. The Chief Justice and the Judges of the High Court, West Pakistan, through the Registrar, High Court of West Pakistan, Lahore and others PLD 1968 SC 171; Pakistan Fisheries Ltd., Karachi and others v. United Bank Ltd. PLD 1993 SC 109; Brother Steel Mills Ltd. and others v. Mian Ilyas Miraj and 14 others PLD 1996 SC 543; Re Clifford and OSullivan, [1921] 2 AC 570; Ex Parte Tom Tong 108 U.S. 556 (1883); Amand v. Home Secretary and Minister of Defence of Royal Netherlands Government (1943) AC 147; Regina v. Governor of Brixton Prison, Ex parte Levin (1997) UKHL 27; Regina on the Application of South West Yorkshire Mental Health NHS Trust v. Crown Court at Bradford (2004) 1 All ER 1311; Day v. Grant (Note) CA (1987) QB 972; Regina v. Parole Board ex parte Smith, Regina v. Parole Board ex parte West (Conjoined Appeals) (2005) UKHL 1; Regina v. Crown Court at Manchester Ex parte McCann and others (2002) UKHL 39; Guardian News and Media Ltd., Regina (on The Application of) v. City of Westminster Magistrates Court and another (2011) EWCA Civ 1188; Regina v. Southampton Justices ex parte Green (1976) QB 11; George Tan Soon Gin v. Judge Cameron (1992) 2 AC 205 and The Province of…
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