Summary: S.302,34 PPCRecovery of weapon,matching of crime empty,prima facie connected with offence (Bail dismissed)

Summary: S.42 SRA,O.I,R-10,O.XXIII,R-1 CPC:Declaratory suit--Withdrawal of--Permission to file fresh suit--non-impleading of necessary parties

Summary: Summary pending

Summary: PLJ 2013 SC (AJK) 18 [Appellate Jurisdiction] Present Muhammad Azam Khan CJ Raja Saeed Akram Khan Sardar Muhammad Sadiq Khan JJ ANAM JABBAR 6 others - - Appellants versus AZAD GOVT OF STATE OF JAMMU AND KASHMIR through its Chief Secretary Muzaffarabad AK 12 others - - Respondents Civil Appeal No 50 of 2012 decided on 2982012 (On appeal from the judgment of the High Court dated 1332012 in Writ Petitions No 217 233 234 237 241 242 and 311 of 2012) Educational Institution - - - - - - Amission in MBBS - - Lower in merit position challenged through writ petition - - Admissionc ommittee was not arrayed as party in writ petition - - Dismissal of petition - - Assailed - - Doctrine of estoppels - - Appellants could not be granted admission in medical colleges of AJK in current academic year - - Question of - - Whether entry test conducted by NTS could be considered for determination of merit for admission in AJK Medical Colleges - - Determination - - Validity - - It is now celebrated principle that one cannot blow hot and cold in one breath - - Appellants at one side participated in entry test conducted by NTS and when they could not achieve desired result and admissions were granted to private respondents they turned round and challenged on the ground that entry test conducted by NTS cannot be considered for determining merit - - Doctrine of estoppels by conduct was fully applicable in case of appellants - - After participating in entry test conducted by NTS they could not challenge admission granted to private respondent on basis of NTS entry test - - Admission committee was necessary party and without arraying it as party in line petition was not competent - - In light of powers vested in it under Ordinance 1962 PMDC framedr egulations from time to time for admissions in colleges of medical education - - After establishment of medical colleges in AJK Govt has to formulate a proper mechanism for admissions in Medical Colleges based on merit so that no candidate was deprived of his legitimate right of admission in Medical Colleges - - Supreme Court directed to Govt for providing legal cover to establishment of medical colleges and for making regulations as well as admission policy akin to PMDC Ordinance and Regulation framed before next academic session - - Appeal was dismissed [Pp 24 25 28] A B E Writ Petition - - - - - - Maintainability - - If any order passed by an authority was challenged and such authority was not arrayed as party writ petition was not competent [P 25] C Educational Institution - - - - - - Admission committee for Medical Colleges - - Necessary party - - Order of Admission Committeew as challenged in writ petitions therefore admission committee was necessary party - - Without arraying the admission committee as a party in writ petition - - Petitions were not maintainable and liable to be dismissed [P 28] D PLJ 1990 SC (AJK) 38 2003 SCR 142 2003 SCR 446 ref Sardar Muhammad Ayaz Khan Advocate for Appellants Raja Ghazanfar Ali Khan Advocate - General and Raja Muhammad Hanif Khan Advocate for Respondent Nos 1 to 5 Mr Sultan Mansoor Advocate for Respondent No 6 Mr Muhammad Yaqub Khan Mughal Advocate for Respondents No 7 to 9 and 11 Mr Mushtaq Ahmed Janjua Advocate for Respondent Nos 12 13Judgement Result:Appeal dismissed

Summary: Summary pending.

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Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.