Law:

Section:

(a) Frontier Crimes Regulation (III of 1901)------ Para. 7 --- Constitution of Pakistan (1973), Art.185(3) --- Leave to appeal was granted to examine whether High Court correctly declined to interfere in the Constitutional jurisdiction with the order of Commissioner refusing to interfere with the unanimous award given by the Council of Elders under the Frontier Crimes Regulation, 1901 in a civil dispute. (b) Balochistan Civil Disputes (Shariat Application) Regulation, 1976--- ---- Para. 7 --- Frontier Crimes Regulation (III of 1901), paras. 2(c), 48, 49, 52 & 53 --- Appeal --- Revision --- Transfer of pending cases to Courts of Qazi and Majlis­e-Shura under para. 7, Balochistan Civil Disputes (Shariat Application) Regulation, 1976---"Commissioner" on the definition under para. 7 of the Balochistan Civil Disputes (Shariat Application) Regulation, 1976 would qualify as a Tribunal if not as a Court though the word "Court" has been affixed to his designation in the Frontier Crimes Regulation, 1901. Paragraph 7 of the Regulation on the strength of which transfer proceedings is sought, expressly mentions all suits and appeals. There is mention of the Revision. The forum where such suits and appeals should pending in order to attract this provision are mentioned as District Court of no be or Courts subordinate to it or a Tribunal. The Council of Elders consisting of the Members selected by the Deputy Commissioner for trial of a case, civil or criminal, would certainly qualify as a Tribunal. So will the Commissioner, because in the definition clause, 'Commissioner' has been treated as synonymous with the 'Court of Commissioner'. The 'Commissioner', on the definition quoted would, therefore, qualify as a Tribunal if not as a 'Court', though the word 'Court' has been affixed to his designation. (c) Balochistan Civil Disputes (Shariat Application) Regulation, 1976--- ---- Paras. 7 & 2 --- Frontier Crimes Regulation (111 of 1901), para. 9 --- Revision--- Word "revision" though has not been mentioned in para. 7, but in interpreting beneficial and remedial statutes, the word "appeal" can be given an extended meaning to include revision.---[Revision]. It is true that…

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