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Showing posts with the label Best Advocate Islamabad

Proceedings before Wafaqi Mohtasib and President of Pakistan did not constitute Civil Proceedings

  PLJ 1999  Karachi  587 Present:  RAStfEED A.  RAZVI,  J.  SHIFAATULLAH QURESHI-Plaintiff Versus FEDERATION OF  PAKISTAN  through SECRETARY/CHAIRMAN, 'RAILWAYS, MINISTRY OF RAILWAYS (RAILWAY BOARD), ISLAMABAD- Defendant  Suit No. 192 of 1992, decided on 20.3.1998.   Limitation Act, 1908-- —-S. 14 Arts. 56 & 115-Limitation~Question of--Plaintiff after dismissal of  his claim for recovery of amount of damage by defendant, instead of filing  suit approached  Wafaqai Mohtasib  who accepting claim of plaintiff  directed defendant to pay amount of damage to plaintiff-President of  Pakistan, on appeal, set aside order of  Wafaqi Mohtasib-Plaintiff  filed  suit for damages and permanent injunction after about 3 years and 10  months from dismissal of his claim by defendants-Plaintiff claimed that  period spent in proceeding before  Wafaqi Mohtasib  should have been  e...

Jurisdiction of Wafaqi Mohtasib is limited when controversy had already been settled nu Courts

  PLJ 2014   Islamabad   4 Present:  Shaukat  Aziz  Siddiqui , J. CH. MUHAMMAD YASIN--Petitioner versus WAFAQI MOHTASIB (OMBUDSMAN), etc.--Respondents W.P. No. 1356 of 2013, decided on 26.4.2013. Wafaqi   Muhtasib  (Ombudsman) Order, 1983-- ----Art.  9--Constitution of  Pakistan , 1973, Art.  199--Constitutional petition--Scope of jurisdiction--Function and power-- Wafaqi   Muhtasib  had no jurisdiction to entertain complaint and to pass order as jurisdiction of  Wafaqi   Muhtasib  is limited when controversy had already been settled by Courts of law--Validity-- Wafaqi   Muhtasib  shall not have jurisdiction before Court of competent jurisdiction, which relates to external affairs of jurisdiction, which relates to external affairs of Pakistan or relates to matters connected with  defence  of Pakistan--In instant case controversy about subject-matter of petition had already been settled...

Appointment and Recruitment in a Public Sector Company

  PLJ 2017 Islamabad 101 Present :  Shaukat  Aziz  Siddiqui , J. PAKISTAN INTERNATIONAL AIRLINES CORPORATION (PIAC)--Petitioner versus FEDERATION OF PAKISTAN, etc.--Respondents W.P. No. 2808 of 2013, decided on 18.11.2016. Wafaqi   Mohtasib  (Ombudsman) Order, 1983-- ----Arts. 9 & 29--General Clauses Act, 1897, S. 24-A--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Mal-administration--Order of ombudsman--Post of management trainee officer--Recruitment--Offer letters were issued--No vested right for appointment   in   service--Provincial   quota--Jurisdiction--Question   of--Whether ombudsman while recording findings fell in error or not--Determination--Ombudsman could have exercised jurisdiction, if any allegation of mal-administration was made; therefore, complainant should have been rejected on that score alone--President issued direction to accommodate complainant in next available training--Decision on repres...