Law:

Section:

(a) High Court (Lahore) Rules and Orders--- ----Vol. I, Ch.3, Part A, R.6 & Ch.10, Part A, R.1---Sindh Chief Court Rules (AS), R.12(2)---West Pakistan Civil Courts Ordinance (II of 1962), S.28---Sindh Courts Act (VII of 1926), S.8---Constitution of Benches by Chief Justice of High Court of Sindh---Application of R.12(2), Sindh Chief Court Rules (AS)---Scope---Contention was that R.12(2) of the Sindh Chief Court Rules (AS) required one or both Judges to sit as member of the Full Bench and it being not so, the Full Bench was not properly constituted---Held, High Court (Lahore) Rules and Orders were being applied in exercise of appellate jurisdiction of Sindh High Court; Rule 12(2) of the Sindh High Court being not applicable to the High Court of Sindh and Sindh Courts Act, 1926 except its S.8, having been repealed, contention had no force and the same was rejected---Rule 6, Part A, Ch.3, Vol.V and Rule 1, Part A, Ch.10, of Vol.V of High Court (Lahore) Rules and Orders give ample power to the Chief Justice to constitute Bench including the Full Bench without any condition and that it was not necessary for the Chief Justice to sit as a member of the pull Bench constituted by him---Principles. Messrs Muqtada Khan Iqtada Khan v. Mst. Allah Rakhi Begum PLD 1972 Kar. 471; The State v. Muhammad Ashraf PLD 1961 (WP) Kar. 452 and Abdul Aziz v. Abdul Wahab PLD 1964 (W.P.) Kar. 630 ref. (b) Writ--- ----Mandamus and quo warranto, writs of---Rule for issuing a writ of mandamus/enforcement of fundamental rights and for issuing writ of quo warranto is governed by two different independent sets of law in which there is no similarity and the ultimate decision of the court, in case writs are issued, produces altogether different results---In issuing of writ of mandamus/enforcement of fundamental rights, the court directs the official functionaries to do and perform what law requires them to do and to perform, and in case of issuing of writ quo warranto the person holding or purporting to hold public office ceases to hold office for it being without authority of law. (c) Constitution of Pakistan (1973)--- ----Art. 199(1)(ii)---Constitutional jurisdiction of High…

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