Law: Constitution of Pakistan, 1973

Section: 184,185&199

(a) Constitution of Pakistan--- ----Arts. 184, 185 & 199---Jurisdiction conferred upon Superior Courts by the Constitution--- Jurisdiction conferred by law--- Scope---Jurisdiction conferred by the Constitution ranks higher than jurisdiction conferred by law---Jurisdiction which has been conferred by law may also, by law, be revoked, but the jurisdiction conferred by the Constitution cannot be revoked by law. (b) Law Reforms Ordinance (XII of 1972)--- ----S. 3(2)--- Constitution of Pakistan, Arts. 185(3) & 199---Constitutional petition filed before the High Court dismissed by Single Judge of the High Court---Against such dismissal Petition for Leave to Appeal filed before the Supreme Court without exhausting the available remedy of filing an Intra Court Appeal ("ICA") under section 3(2) of the Law Reforms Ordinance, 1972 ("Ordinance") before the High Court---Maintainability---Appellate jurisdiction created by the Ordinance and through other laws does not take away the appellate jurisdiction of the Supreme Court conferred by the Constitution under its Article 185---However, since the Ordinance created an appellate forum, the Supreme Court will not ordinarily permit it to be bypassed, which does not mean that the appellate jurisdiction, which the Constitution vests in the Supreme Court, is made redundant---In appropriate cases the Supreme Court will not insist that an intra-court appeal provided under the Ordinance, be availed of first. Commissioner of Income Tax v. Media Network PLD 2006 SC 787; Mst. Shohrat Bano v. Ismail Dada Adam Soomar 1968 SCMR 574; Province of Punjab v. Border Area Committee PLD 2011 SC 550; Federation of Pakistan v. Dewan Petroleum (Pvt.) Ltd. PLD 2012 SC 189 and Naeem Tahir v. Jahan Shah PLD 2023 SC 207 ref. (c) Law Reforms Ordinance (XII of 1972)--- ----S. 3(2)--- Constitution of Pakistan, Arts. 9, 14(1), 24, 185(3) & 199---National Police Foundation Housing Scheme ("the Housing Scheme")---Illegal allotment of second plot to Managing Director ("MD") of National Police Foundation ("the Foundation")---Park/green area in layout plan converted into a plot---Constitutional petition filed before the High Court challenging such illegal…

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