Jurisdiction not ousted. Jurisdiction of High Court cannot be abolished or ousted unless it is done by express words or clear intendment. Jurisdiction of High Court is not ousted by section 13 of Order XXX of 1971 or under rule 210 of Defence of Pakistan Rules 1971. (SC) PLJ 1976 SC 371. Zahur Elahi.
Special Judge Anti-Corruption declared to be disqualified to hold office yet his judgment having attained finality cannot be challenged. Once a judge passes an order of acquittal or conviction he becomes fuctus officio qua the and accused. Held, issuance of process for retrial was hit by sec. 369 Cr.P.C. PLJ 1998 Cr.C. (Lah.) 540, Manzoor Hussain.
Non-cognizable case and unauthorised investigation do not deprive the Court of jurisdiction to try the case. PLJ 1989 Cr.C. (Pesh.) 186. Sayed Jamal Shah.
Martial Law Regulation Case. A civil Court is entitled to see whether the military authority acted according to the regulation. (DB) PLD 1960 Lah. 583. Sher Muhammad v. Nasir-ud-Din.
Jurisdiction of civil Courts is not barred when the provisions of law have not been complied with. (SC) PLD 1962 SC 384 (391). Abdul Latif v. West Pakistan.
Trial of Military Offenders for civil offences. Criminal Courts and Courts Martial have concurrent jurisdiction. Ordinary civil Court has no discretion to refuse handing over of custody of military offenders for trial by Court martial when it receives requisition from a prescribed military authority. NLR 1990 Cr. 374. Khalil Ahmed etc. v. District & Sessions Judge.
Section 133 of Pakistan Army Act can neither affect nor take away powers and jurisdiction exercised by Supreme Court under Article 184(3) of the Constitution. PLJ 1996 S.C. 1361, Mrs. Shahida Zahir Abbasi etc. v. President of Pakistan etc. = PLD 1996 S.C. 362.
Jurisdiction not barred. Even apart from Article 93 (1962 Constitution) in case Government's order is passed with ulterior motives or is mala fide or is not justified by the provisions of the Ordinance. Order passed "under the Ordinance" means, "order justified by the Ordinance". (FB) PLD 1963 Lah. 109. Ch. Muhammad Anwar v. Government of West Pakistan.
Court itself to decide the question whether it has the jurisdiction to try the offence, without motion from any party. PLD 1978 Q. 187. Muhammad Arashad Daud. PLJ 1978 Cr.C. (Q) 601.
Question relating to jurisdiction could be raised at any stage of the proceedings. If a condition mandatory to the exercise of jurisdiction is not fulfilled then the entire proceedings which follow become illegal and suffer from want of jurisdiction. Any order passed in continuation of these proceedings in appeal or revision equally suffers from the illegality and want of jurisdiction. (SC) PLD 1972 SC 271 Rashid Ahmed.
Jurisdiction assumption of. Assumption of jurisdiction is always preferred to abdication of jurisdiction and no superior Court would easily concede to the ouster of jurisdiction. PLJ 1989 FSC 50. Sajjad Hussain etc.
High Court jurisdiction. Each Judge of High Court is competent to deal with matter which comes before him irrespective of the fact that the matter had previously been dealt with by another Single Judge. (SC) 1972 SCMR 389 Mst. Hajra Begum v. Abdul Aziz etc.
Jurisdiction of each bench of the High Court, under Article 198 of the Constitution extends to the whole province and some times beyond the province in exceptional cases of interim protective bail. Powers and jurisdiction of circuit benches of the High Court is the same as that of the Principal Bench. (D.B) PLD 1995 Kar. 59, Muhammad Umar v. Govt. of Sindh etc.
Banking Court not competent to try cases u/S. 380, PPC, sentence set aside and retrial not ordered. (DB) NLR 1988 Cr. 701 Nazir Ahmed.
Revision lies to High Court even though order is not under Cr.P.C. and is under special law. (DB) 1973 P. Cr. LJ 84. Asad Hussain v. A.H. Malik. (In this case the trial was by a Magistrate under S.O. 16 of W.P. Industrial and Commercial Employment Standing (Orders) Ordinance VI of 1968).
Jurisdiction. Order passed by Magistrate functioning under Cr.P.C. are subject to revisional jurisdiction under sections 435 and 439, Cr.P.C. notwithstanding orders having been passed under sections 54 and 55 of Sindh Abkari Act. PLD 1975 Kar. 54 Harry Edwards O'neil.
To decide rightly or wrongly is included in jurisdiction. (SC) PLJ 1978 SC 321. Muhammad Khan.
Magistrate section 30 trying case as Magistrate First Class and not as section 30 Magistrate. Case punishable with life imprisonment. Case remanded for retrial. PLD 1985 FSC 420. Muhammad Riaz.
Magistrate has no power to hold trial in a murder case and declare the accused as innocent. Held, High Court rightly invoked jurisdiction u/S. 561-A Cr.P.C. and set aside the Magistrate's order. PLJ 1997 S.C. 1317, Hussain Ahmed v. Mst. Irshad Bibi etc.
Even if order is without jurisdiction, leave to appeal refused by the Supreme Court because the petitioner had come to the Court not with clean hands. PLJ 1989 SCMR 458 Mst. Hassan Bano etc. v. Mrs. Mumtaz Younas.
Jurisdiction in appeal for cases of murder & Zina vests in Federal Shariat Court and not High Court. PLJ 1989 Cr. C. (Pesh.) 401. Sadiq Shah etc.
Federal Shariat Court can hear cases from tribal areas. No restriction is mentioned in Art. 203-DD of the Constitution. PLJ 1989 FSC 52 Sajjad Hussain.
High Court Chief Justice taking action on a letter, by the father of the deceased that his son had been tortured to death in police custody. Letter was converted into constitutional petition where in reports of judicial inquiry and police investigation were placed before the Chief Justice. High Court inquired as to why some of the police officers named in the judicial inquiry had not been arrested does not tantamount to a direction to arrest and prosecute the petitioner (one of the accused named in the judicial inquiry). Petition for leave to appeal against judicial scrutiny by High Court was dismissed. 1996 SCMR 24, Anwar Ahmed Khan.
Jurisdiction of High Court cannot be abolished or ousted unless this is done by express words or clear intendment. Exclusion of jurisdiction of superior Courts is not to be readily inferred. PLD 1977 S.C. 273, Ch. Zahur Elahi M.N.A.
U/section 9 of the Family Laws Ordinance, Arbitration Council can award maintenance to wife only. Award of maintenance to children was beyond the jurisdiction of the Arbitration Council. PLJ 1992 Lah. 58, Allah Rakha v. Farida Bano.
Provisions of sections 367(2) & (3) Cr.P.C. are mandatory in nature. Separate sentences under each section of the PPC have to be passed by the trial Court. 1994 P.Cr.LJ 181, Atta Muhammad etc.
Magistrate fir class deemed to be predecessor of Magistrate with powers u/S. 30 Cr.P.C. Therefore succeeding Magistrate can validity rely upon evidence recorded by his predecessor. PLJ 1998 Cr.C. (Lah.) 146, Muhammad Ramzan.