Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 42---Appeal by a person not a party before High Court---Effect---Where a case was made out that person who was not a party in High Court was likely to be adversely affected by the decision of appeal, he could be impleaded as a party in Supreme Court. (b) Civil Procedure Code (V of 1908)--- ----O.I & R. 3---Necessary party or proper party in appeal ---Essentials--­Circumstances which prevailed at time of institution of suit of Constitutional petition would determine whether party desirous to be included in appeal before-Supreme Court was "necessary party" or "proper party"---Such question could not be determined in the light of of Court of first instance. (c) Civil Procedure Code (V of 1908)--- ----O.III & R. 2---Absence of signatures on "Vakalatnama"---Effect---Fact that Vakalatnama was not signed by person concerned and counsel on basis of that had filed Constitutional petition would not render such petition to be dismissed ---Absence of signatures being mere irregularity such defect stood cured after` filing of duly signed "Vakalatnama": =-[Counsel and client]. Muhammad Riaz Khan v. Sardar Rahim Dad PLD 1990 SC (AJ&K) 13 rel. (d) Azad Jammu and Kashmir State Subjects Act,1980--- ---S. 5---Azad Jammu and Kashmir State Subjects Rules, 1980, R. 7­ Educational Institution---Admission in First Year M.B.,B.S. class on basis of domicile---Domicile by origin and domicile by choice---No distinction has been made in cases for issuing domicile certificate where a person claims domicile of Azad Jammu and Kashmir by origin or where domicile certificate was claimed on the ground that he had adopted Azad Jammu and Kashmir as his domicile by choice---Where, however, any person belonging to Azad Kashmir by origin was temporarily absent due to business, service or any other reason, such absence would not debar him to be nominated out of quota of seats reserved for the relevant area on basis thereof---Appellant desirous to be nominated from specified district to M.B., B.S. Course was required to prove that she retained her domicile of origin and did not abandon the same by adopting domicile…

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