| Citation(s) |
|---|
| 1983 SLG 537 1983 SLD 537 1983 PLD 262 |
Lahore High Court
Intro-Court Appeal No. 191 of 1982, decided on 15th January,1983
ABDUL SHAKURUL SALARN AND MUHAMMAD ASLAM MIAN, JJ
Akhtar Mir Warsi for Appellant.Ch. Ijaz Ahmad for
Respondents.
Intro-Court Appeal No. 191 of 1982, decided on 15th January,1983
ABDUL SHAKURUL SALARN AND MUHAMMAD ASLAM MIAN, JJ
Akhtar Mir Warsi for Appellant.Ch. Ijaz Ahmad for
Respondents.
ALI MIR---AppellantvsPROVINCE OF PUNJAB AND another--Respondents
Law:
Section:
(a) Civil Procedure Code (V of 1908)- (. I, r. 10 and Law Reforms Ordinance (XII of 1972), S. 3-IntraCourt Appeal-Misdescription of party-Respondent stated as "Province of Punjab through Chairman, Board of Intermediate and Secondary Education"-Case against Board of Intermediate and Secondary Education a statutory body with which Province of Punjab has nothing to do-Omission appearing to be of inadvertence and simply a case of misdescription of respondent-Court has power to correct such misdescription-Power of attorney in favour of counsel appearing for respondent executed by Chairman, Board of Secondary Education - No objection taken to misdescription - Held, actual respondent meaning thereby "Board through its Chairman" bas not been misled as to misdescription -Case fully represented-Formal rectification as to misdescription regarding respondent treated so as to read "Board of Intermediate and Secondary Education through its Chairman" for purpose of intro-Court appeal and writ petition. Government of West Pakistan v. Ghulam Sarwar Khan P L D 1962 (W. P.) Pesh. 115 ref. (b) Constitution of Pakistan (1973)- -- Art. 199 read with Provisional Constitution Order (P. O. 1 of 1981), Art. 9-Writ jurisdiction, held, creation of Constitution defining its range wherefrom guidance .could be sought as to subject-matter and a writ can be issued within framework of constitution and law. (c) Constitution of Pakistan (1973)- -- Art. 4-Provisional Constitution Order (P. O. 1 of 1981), Art. 2-Words and phrases-Word "law"-Meaning-Term `law' given in Art. 4 of Constitution (1973) means general law of land, special laws, regulations and includes bye-laws, rules and regulations of a statutory body viz-a-viz a citizen.-[Words and phrases]. (d) Constitution of Pakistan (1973)- -- Arts. 199 & 4 read with Provisional Constitution Order (P. O. 1 of 1981), Arts. 9 & 2-Constitutional jurisdiction Invocation against statutory body-Constitutional jurisdiction, held, can successfully be invoked against statutory body on violation of bye-laws, rules and regulations, etc. by such body itself. If there is any violation of any Bye-laws, Rules and Regulations etc. by a statutory body itself,…
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