Law:

Section:

(a) Civil Procedure Code (V of 1908)- O. XX, rr. 1, 2 & 3-Constitution of Pakistan (1973), Art.'202- and High Court (Lahore) Rules and Orders, Vol. V, Ch. 4-H, rr. 1, 2 & 3­Judgment-Can be recorded only by a Judge of Court, i.e. while presiding over Court and not after he ceases to be a Judge-Judgment recorded before Judge ceases to preside over Court-Second Judge or other Judges of such Bench still presiding over Court may proceed to announce same -Failing such pronouncements same to be considered mere minutes or opinion and not .-[Judgment]. LINK1 LINK2 Hussain Bakhsh v. Settlement Commissioner P L D 1970 S C 1 ref. (b) Civil Procedure Code (V of 1908)- O. XX, rr. 1, 2 & 3-Constitution of Pakistan (1973), Art. 202 and High Court (Lahore) Rules and Orders, Vol. V, Ch. 4-H, rr. 1, 2 & 3­Judgment=Judge already ceased to be a Judge of High Court-No can be received from such Judge.-[Judgment]. (c) Constitution of Pakistan (1973)- -- Arts. 181, 182, 260 & 196-High Court Judge whether appointed to act temporarily as Judge of Supreme Court or appointed to attend sittings of Supreme Court as ad hoc Judge-Judge of Supreme Court having same powers and jurisdiction as permanent Judge of Supreme Court-Judge appointed to act as Chief Justice-Held : Chief Justice of Court having same powers and jurisdiction as permanent Chief Justice-Any one of such Judges elevated from High Court deemed to have severed his connection from High Court whether permanently or temporarily, and disabled to perform functions of Judge of High Court till his appointment in Supreme Court ended and he rejoins High Court. LINK1 LINK2 Abrar Hassan's case P L D 1976 S C 315; Mr. Zuljfkar Ali Bhutto v. State P L D 1978 S C 40 and Federaion of Pakistan v. Saeed Ahmad Khan P L D 1974 S C 151 ref. (d) Civil Procedure Code (V of 1908)- O. XX, rr. 1, 2 & 3-Constitution of Pakistan (1973), Art. 203 and" High Court (Lahore) Rules and Orders, Vol. V, Ch. 4-H, rr. 1, 2 & -3­Judgment-Has to be delivered by Judge or Judges bearing case and to be signed and delivered before it becomes operative-Oral pro­nouncement or written opinions sent in after Judge concerned stood elevated to Supreme…

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