Law:

Section:

(a) Practice and procedure------ Law points or points relating to jurisdiction---Raising of---Consistent practice of Supreme Court of Azad Jammu and Kashmir is to allow the parties to raise law points of public importance or points relating to jurisdiction before apex Court even if those were not raised in High Court or any other Court or Tribunal. (b) Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975)-- ----S. 4---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Jurisdiction of Service Tribunal---Orders without jurisdiction could be challenged by way of appeal before Service Tribunal and jurisdiction of High Court would stand totally ousted and writ petition could not be entertained---Where jurisdiction was usurped by a Court in passing a decree or order against which an appeal would lie, if it had been passed with jurisdiction, appeal before Tribunal could not be defeated on ground that order was without jurisdiction---Whether a particular order in fact was with jurisdiction or without jurisdiction, could be decided by Appellate Court/Tribunal. Muhammad Aslam Bajwa v. Federation of Pakistan PLD 1974 Lah. 545; State v. Ziaur Rehman PLD 1973 SC 49; Federation of Pakistan v. Saeed Ahmad Khan PLD 1974 SC 151; Maharaj Kumar Bindeswari Prosad Singh v. Thakur Lakpat Nath Singh and others (8 IC 26); Jwala Prasad v. Salik Ram ILR 13 All. 575; Ranjit Missir v. Ramudar Singh 16 IC 940; Gangadhar Karmakar and others v. Shekharbasini Dasya and others AIR 1917 Cal. 320; Bandiram Mockerjee v. Puma Chandra Roy ILR 45 Cal. 926; Wajudi Pramanik v. Muhamed Balai Morul AIR 1925 Cal. 1032; Janardhan Reddy and others v. State of Hyderabad and others AIR 1951 SC 217; Muhammad Yamin Qureshi v. Islamic Republic of Pakistan PLD 1980 SC 22; Waqar Ali Shaikh v. Islamic Republic of Pakistan PLD 1980 SC 42; Mujeebullah Aijaz v. Director-General, Telephone and Telegraph Department PLD 1980 Quetta 58; Abdul Bari v. Government of Pakistan PLD 1981 Kar. 290; Shahid Ahmad Khan v. Inspector-General of Police 1986 PLC (C.S.) 426; Afzal Hussain Syed v. Government of Punjab PLD 1980 Lah. 697; Dr. Raja Manzoor Ellahi v. North-West Frontier Province PLD 1980 Pesh. 81;…

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