Law:

Section:

(a) Constitution of Pakistan (1973) Arts. 193(I)(c), 196(a), (b) & 261 Appointment of Chief Justice of High Court No fetter placed by Legislature . on President's power to appoint permanent Chief Justice under Art. 193 (1)(c) Words "President shall appoint the most senior of the other Judges of the High Court to act as Chief Justice" in Art. 196 Refer to appointment as Acting Chief Justice and not as permanent Chief Justice Definition of expression "person acting in office" in Art. 261 coupled with marginal note to Art. 196 Nullify interpretation of Chief Justice's appointment under Art. 196 being also to be permanent Word "vacant" in Art. 196, held, means a temporary vacancy. [Words and phrases Civil service]. (b) Constitution of Pakistan (1973} Arts. 177 & 193 (1)(c) Contention that Art. 193 did not contain any provision for appointment of Chief Justice of High Court and contained only provisions for appointment of Puisne Judges Not correct - Such contention, held, contrary to plain language of Art. 193 (1)(c) and language of such Article very clearly contemplated appointment of Chief Justice by President after consultation with Chief Justice of Pakistan and Governor concerned. [Civil service]. Maxwell on Interpretation of Statutes and Crates on Statute Law, Vth Edn., p. 159 ref. (c) Constitution of Pakistan (1973) Art. 193 (1)(c) & 207((1)(a) read with Art. 207 Supreme Court Judge duly relinquishing charge of his office in Supreme Court Appointment of such Judge as Chief Justice of High Court Not violative of Art. 207 Lien retained by Chief Justice in Supreme Court Relates only to question of title Chief Justice having relinquished charge of his office as a Judge of Supreme Court before taking oath of office as Chief Justice Office of Chief Justice by him, held, does not fall within mischief of Art. 207(1)(a) and contention that Chief Justice's remuneration would be increased within meaning of cl. (a) of Art. . 207 (1) since he was entitled to keep his lien in Supreme Court and was only on deputation from Supreme Court to High Court not sustainable. [Civil service]. (d) Constitution of Pakistan (1973) Arts. 193 & 196 Judge of Supreme Court on…

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