Law: Constitution of Pakistan, 1973

Section: 199,175A(8)

a) Constitution of Pakistan--- ----Art. 199---Writ of certiorari---Scope---Whenever a High Court is exercising its constitutional jurisdiction for the purposes of certiorari, it is directing a Court under its superintendence to correct any error of law or jurisdiction in a /decision assailed before it in such a manner that the same order or can be “certified” by the same High Court---However, whilst certiorari may be a prerogative of the High Court under Article 199 of the Constitution of Pakistan, it is still a discretionary power. Ryots of Garabandho v. Zemindar of Parlakimedi AIR 1943 PC 164; Darvesh Khan v. Muhammad Sher Khan and others 1986 SCMR 352 and Rehmatullah and others v. Mst. Hameeda Begum and others 1986 SCMR 1561 ref. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of the High Court---Scope---When exercising constitutional jurisdiction the High Court does not sit as a Court of appeal. Rex v. Northumberland Compensation Appellate Tribunal 1952 1 KB 338 ref. (c) Constitution of Pakistan--- ----Arts. 175A(1), 175A(8), 199---Judicial Commission of Pakistan (Commission), decisions of---Not amendable to judicial review by way of constitutional petitions filed under Article 199 of the Constitution---Commission is not a “Court” whose decisions can be made the subject of superintendence by the High Courts for the purposes of exercising writ of certiorari under Article 199 of the Constitution. (d) Constitution of Pakistan--- ----Arts. 175A(8), 199---Additional Judge of (Islamabad) High Court---No vested right to be confirmed as a Permanent Judge of the High Court on the sole ground that the then-Chief Justice of (Islamabad) High Court had recommended him for confirmation---Recommendation from the Chief Justice of a High Court is nothing but a process of procedure and the said recommendation needs to be deliberated and ultimately voted on by the Judicial Commission of Pakistan (Commission), before a name is either confirmed or dropped by a majority vote of the Commission---Constitutional petition filed by the petitioner before the High Court against his non-confirmation as a Permanent Judge of the High Court was rightly…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492