Law:

Section:

(a) Judgment--- ----Per incuriam---Scope---"Per incuriam" in essence meant that in context of s/orders of court that such s/orders were patently wrong as they were passed in ignorance of law which most often was not brought to attention of court before it passed order/ in question---Contrary to a binding order/ of a superior court on same point which was decided before courts s/orders and which was not brought to its attention---Likewise, a statute which already answered legal point which was subject matter of /order but which was not brought to attention of court before it made its /order which lead to /order being wrong as a matter of law. (b) Interpretation of statutes--- ----Role of judiciary---Scope---Role of judiciary of interpretation of statute only arises when statute is to a certain extent either unclear or ambiguous or prima facie in violation of the Constitution---In such cases, it is for judiciary to interpret that piece of legislation by trying to ascertain intent of Parliament in passing legislation---Courts have absolutely no authority or power to substitute their views for those intended by legislature simply because they may disapprove of a particular law and way in which that law is being applied. (c) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iii), 16A, 18 & 32--- Appeal--- Preliminary objection---Jurisdiction--- Determination--- Transfer of case and filing of reference---Cases in which accused persons were convicted and sentenced to imprisonment by Accountability Court were transferred from ordinary criminal courts---Plea raised by accused persons was that Accountability Court had no jurisdiction to try their cases as proper procedure was not followed after transfer---Validity---Accountability Court under S. 18(a) of National Accountability Ordinance, 1999, could not take cognizance of an offence unless a reference was filed by Chairman National Accountability Bureau (NAB)---Such was only applied to investigations carried out by NAB under S. 18 of National Accountability Ordinance, 1999, and not transferred cases under S. 16(A) of National Accountability Ordinance, 1999---Provision of S. 16(A) of National…

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