Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---"Right" enforceable by High Court in exercise of constitutional jurisdiction---Scope and categories of such "right" stated. A "right" is a dynamic legal concept, which cannot be restricted to a static form; it may be a benefit, advantage or protection, which a person derives from a clear enactment or rules made thereunder, the representation or an offer "oral" or "written" of another including the executive organ of the State. Constitution unlike some other jurisdictions has express rights known as "fundamental rights" enshrined therein. The force of these "fundamental rights" provided in Articles 9 to 29 of the Constitution are so powerful that any action of the executive or an enactment of the Parliament can be struck down on the touchstone of any violation of the "fundamental rights". Superior courts have even recognized and enforced "rights", which do not attain or strictly fall within the domain of "fundamental rights" provided in the Constitution. In this regard, rights can be categorized into three categories: Category No. 1, Fundamental Rights. These are clear "fundamental rights", which are provided in the Constitution. Category No.II, Vested Rights. These are rights, which derived their source from an Act of the Parliament other than the Constitution. Category No. III, Rights. These are rights which a person may acquire from any representation, action or inaction of another person, which may include the executive organ of the State. These rights, though inferior to the "fundamental" or "vested rights", are recognized and enforced by courts of law. Montogmery Flour Mill's case PLD 1957 (W.P.) Lah. 914; Ikram Bus Service's case PLD 1963 SC 564; Fazaldin's case PLD 1969 SC 223; Mian Raft-ud-Din's case PLD 1971 SC 252 and Dr. Abdur Rauf's case 1991 SCMR 483 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Serious factual dispute existed between parties---Versions of both parties backed by affidavits on oath---Effect---Initial presumption would surely be in favour of official version unless same was proved to be otherwise by producing and…

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