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BAHAWALPUR MEDICAL AND DENTAL COLLEGE vs PAKISTAN MEDICAL COMMISSION Ouster clause in a statute — 2022 CLC 775 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 775 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
BAHAWALPUR MEDICAL AND DENTAL COLLEGE vs PAKISTAN MEDICAL COMMISSION Ouster clause in a statute

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

BAHAWALPUR MEDICAL AND DENTAL COLLEGE VS PAKISTAN MEDICAL COMMISSION Ouster clause in a statute---Scope---Legislature is competent to exclude jurisdiction of a court, however, there exists a presumption against the ouster of jurisdiction---Any law or statutory provision which denies access to courts is to be construed strictly---Ouster of jurisdiction must either be explicitly expressed or clearly implied and is not to be readily inferred---Language used by the legislature in that regard ought to show express and unequivocal manifestation of legislative intent to exclude jurisdiction of the courts---If language of an ouster clause is so clear and unmistakable that it leaves no doubt as to intention of the legislature in ousting jurisdiction in all circumstances, then the same should be given effect---If an ouster of jurisdiction clause is reasonably capable of having two meanings, that meaning shall be taken which preserves the ordinary jurisdiction of the court.

Other judgments reported in 2022 CLC

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