Law:

Section:

Constitution of Pakistan (1973) -- Arts. 175 & 192 and Provisional Constitution Order, 1981, Arts. 2, 6 & 15 read with High Court (Establishment) Order, 1970 [President's Order No. 8 of 1970], Art. 3 (A), (B) & (C) [as amended by High Court (Establishment) Order (Punjab Amendment) Ordinance (I of 1981)]-Interpretation of statutes-Transfer of cases from one Division Bench to other-Jurisdiction-Benches established at different places by virtue of Art. 3(A) of High Court (Establishment) Order, 1970 and mentioned as `Revisional Courts'-Not falling within definition of "High Court" mentioned in Arts. 175 & 192 of Constitution-Power to transfer cases from one Bench to other or to Principal Seat cannot be spelt out to vest in Supreme CourtChief Justice, held, continues to enjoy such powers of transfer of cases when he deems necessary to do so.-[Interpretation of statutes]. LINK1 LINK2 Muhammad Nagin v. Haji Nawab Khan and others P L D 1962 Lah. 722 rel. ORDER In a number of petitions, including the present one, a question has arisen as to whether the power of transfer of cases from one Bench to the other or to the Principal Seat continues with the Chief Justice after promulgation of the Provisional Constitution Order, 1981. 2. In pursuance of the High Court (Establishment) Order (Punjab Amendment) Ordinance, 1981, the Governor of the Punjab was pleased to establish Benches at Bahawalpur, Multan and Rawalpindi. By virtue of section 3-B of the said Ordinance all proceedings relating to these Civil Divisions pending in the Lahore High Court immediately before the commencement of this Ordinance stood transferred to these Benches respectively. Under section 3-C (b) the Chief Justice of the Lahore High Court was vested with the power to transfer proceedings pending in different Benches of the Lahore High Court. Such power does not find specific mention in Article 7 of the Provisional 'Constitution Order, 1981. Notice was issued to the Deputy Attorney-General and the Advocate-General. Besides the petitioner's counsel Mr. S. M. Zafar Advocate, Mr. Irshad Hassan Khan, Deputy Attorney-General and Sh. Riaz Ahmad, AdvocateGeneral were heard. 3. It was argued that…

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