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Search Results: Categories: Rule of Law (22 found)

Akram Khan Durrani Vs Govt of Khyber Pakhtunkhwa through Chief Secretary, Peshawar

Citation: PLD 2022 Peshawar 171

Case No: W.P No. 3605-P /2019

Judgment Date: 02/11/2021

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: The concept of Government as enunciated by the Apex Court in Messrs Mustafa Impex, Karachi & others Vs The Government of Pakistan( PLD 2016 SC 808) in normal connotation us equivalent to the term executive and the executive authority of the Province being exercisable in the name of the Governor by the Provincial Government, consisting of the Chief Minister and Provincial Minister which shall act through the cabinet Minister(s), therefore, through the aforesaid provisions i.e (Section 57(3), 59, 60, 61(4) and 64 of the Amending Act conferring these powers of the Provincial Government to the Chief Minister are thus a delegation which is contrary to Article 129 of the Constitution. Section 27(2) of Khyber Pakhtunkhwa Local Government Act, 2013 substituted vide Khyber Pakhtunkhwa Local Government (Amendment) Act No. XXV of 2019 only to the extent of envisaging for holding Election for Village Council and Neighbourhood Council, as the case may be, on non-party basis are struck down being ultra vires Article 17 of the Constitution of Islamic Republic of Pakistan, 1973 ( Constitution ). Similarly, part-II of 11th Schedule to Khyber Pakhtunkhwa Local Government Act, 2013 inserted through Khyber Pakhtunkhwa Act No. XXV of 2019 to the extent of envisaging for election on non-party basis is also held ultra vires Article 17 of the Constitution and as a consequence thereof, the ongoing Election scheduled by the Election Commission of Pakistan through Notification dated 25.10.2021 for Election of Village Council and Neighbourhood Council shall be held on Party Basis.

Ms 3N Lifemed Pharmaceutical Vs Govt. of The Punjab etc

Citation: 2021 LHC 7445, 2023 CLC 948 Lahore

Case No: Misc. Writ65575/21

Judgment Date: 01/11/2021

Jurisdiction: Lahore High Court

Judge: Mr. Justice Asim Hafeez

Summary: Pitfalls of Judicial review over reach

Umar Daraz Vs Learned ASJ etc.

Citation: 2021 LHC 4486, 2021 MLD 2077,PLJ 2022 Lahore 44

Case No: T.A. (Crl)48296/21

Judgment Date: 06/08/2021

Jurisdiction: Lahore High Court

Judge: Mr. Justice Ali Zia Bajwa

Summary: Justice of Peace is not a court, hence application pending before it cannot be transferred under Section 526, Cr.P.C.

Naeemullah Vs Controlling Authority BISE Malakand

Citation: 2020 PLC CS 227, PLJ 2020 Peshawar N 72

Case No: W.P No. 07-P /2018

Judgment Date: 11/12/2018

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: Authority has to exercise discretion reasonably, fairly, justly and free from discrimination, and mala fide. Public functionaries have to exercise discretionary powers in accordance with law and it cannot depend on their sole will/pick and choose. Discretion must be exercised judiciously and not arbitrarily.

Baldive Kumar Baldive Kumar VS Asad Qaiser Speaker Provincial Assembly

Citation: PLD 2018 Peshawar 113, PLJ 2018 Peshawar 200

Case No: COC No: 163-P /2018

Judgment Date: 17/05/2018

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: Art 65 Oath of MPA.Art 69 proceedings in Parliament functionable or otherwise.

Qurban Ali Khan Vs Govt

Citation: PLD 2018 Peshawar 192

Case No: W.P No. 3166-P /2017

Judgment Date: 17/05/2018

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: Allocation of developmental fund to MPA. Role of DDAC. Appointment of focal person.

Qaumi Islamic Public School Vs BISE Abattabad

Citation: 2018 YLR 457

Case No: W.P No. 754-A /2017

Judgment Date: 25/07/2017

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: Factual controversy cannot be resolved by High Court in its constitutional jurisdiction. interference by High Court in the affairs of the authority at this stage would amount to hamper the legal process. Dismissed.

Yar Muhammad Vs Pakistan Telecommunication etc

Citation: 2018 PLC CS 475

Case No: W.P No. 110-B /2016

Judgment Date: 07/07/2017

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: 1. concept of authority and authorized officer discussed, only authority can initiate the departmental proceeding, the penalty. 2. Delegatee under the law or rules, cannot further delegate his power without being expressly given in such law.

Anjum Aqeel Khan & Others v. National Police Foundation

Citation: 2015 SCMR 1348, 2015 SCP 40

Case No: C.R.P.309/2013

Judgment Date: 06/04/2015

Jurisdiction: Supreme Court of Pakistan

Judge: Chief Justice Nasir-ul-Mulk, Justice Ijaz Ahmed Chaudhry

Summary: --- Issues Presented:1)Whether the Supreme Court's suo moto judgment infringed on the right to a fair trial and due process under Article 10-A of the Constitution. --- 2)The legitimacy of directing the National Accountability Bureau (NAB) to initiate proc

DR.SULEMAN JAFFAR VS GOVERNMENT OF PUNJAB ETC

Citation: 2014 LHC 2887, 2016 CLC 466

Case No: Writ Petition No.642 of 2014

Judgment Date: 02/06/2014

Jurisdiction: Lahore High Court

Judge: Justice Shahid Jamil Khan

Summary: Under Article 143 of the Constitution if any conflict arises between the two enactments passed by the Majlis-e-Shoora (Parliament) and the Provincial Assembly, then to the extent of repugnancy, the provisions of an Act of Majlis-e-Shoora (Parliament) shall prevail and enactment of the Provincial Assembly shall be void. The Provincial Government directed to follow the criteria/ eligibility determined by PMDC, Rules made under Federal legislation for appointment of the petitioner.

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