Law:

Section: 237

Law: Constitution of Pakistan, 1956

Section: 170

(a) Laws (Continuance in Force) Order (1 of 1958), Art. 2 (4) read with Constitution of Pakistan (1956), Art. 170-Whether writ jurisdiction can be invoked where suit to obtain substantially same relief is pending. Where the question was whether a writ petition could be entertained where the petitioner had already instituted a suit to get the same relief as was claimed in the writ petition and the suit was pending at the time of presentation of the petition Held, that ordinarily a writ will not issue where another remedy is open to the petitioner and if the person who applies for issue of a writ has already moved in the ordinary forum for getting the relief in the normal manner, a writ would not ordinarily Issue. This rule, however, is not inviolable. The power to Issue a writ vesting in the High Court Is not circumscribed by any conditions and consequently it is for the High Court to determine whether or not the power should be exercised in any particular case before It. If on consideration of the circumstances of a case it becomes manifest that if the relief sought for is not made available to the petitioner, he would suffer in reputation and possibly in property, then in such circumstances notwithstanding the fact that the petitioner has already instituted a suit to get substantially the same relief as he is claiming by means of the writ petition, the institution of the suit by him should not stand in the way of the issue of a writ if, after considering the matter, the Court comes to the conclusion that one should issue. (b) Natural justice -"No man should be condemned unheard "­Whether principle to be applied even where Statute makes show-cause notice unnecessary-Decisions given under Common Law of England on the principle-How far can be relied upon by Courts in Pakistan. Where the question arose whether the principle of natural justice, that no man should be condemned unheard, is to be enforced even where the law made by a human law-maker who has the authority to make that law, makes it clear that the giving of an opportunity to show cause against the issue of the order to the person who' was likely to be affected by it, was not necessary Held, that the…

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