Khawaja AAMIR AHMED vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR arts

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

Khawaja AAMIR AHMED VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR arts. 43 & 43-a---Chief Justice of High Court azad Jammu and Kashmir---acting-Chief Justice of High Court azad Jammu and Kashmir---appointment---Scope---appellant assailed order passed by High Court whereby it had ordered the official respondents to show the private respondent (Judge of High Court) as Chief Justice of High Court instead of acting Chief Justice, in his retirement notification---Validity---Mode of appointment of acting Chief Justice of High Court and that of Chief Justice of High Court was completely different---acting Chief Justice was appointed by the President himself, whereas, the Chief Justice was appointed by the President on the advice of the Chairman of the Council, after consultation with the Chief Justice of azad Jammu and Kashmir---Private respondent was not appointed as Chief Justice of High Court in accordance with sub-article (2-a) of art. 43 of the Constitution, hence, modification of retirement notification amounted to amending the constitution, which was not permissible---High Court had granted relief to the private respondent without existence of any lis in that regard---Framers of the Constitution had never intended to confer suo motu jurisdiction on the High Court---appeal was partly accepted and the order for modification of notification was set aside. Head NotesCase Description Citation Name: 2022 PLD 49 SUPREME-COURT-AZAD-KASHMIRBookmark this Case Khawaja AAMIR AHMED VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 43(5)---Judge of High Court---Date of birth---Entry in Matriculation Certificate---Entry in salary slip---Significance---Dispute related to retirement of a Judge of High Court---His date of birth, according to CNIC (Computerized National Identity Card) and salary slip, was recorded as 23-02-1959 whereas in all the other documents including Matriculation Certificate, annual Confidential Reports, advocacy Licence, Pleader-ship Licence, etc., the date of birth was conjointly entered as 23-03-1959---Government issued notification on the basis of his date of birth in Matriculation Certificate---appellant filed a writ petition seeking direction to retire the respondent with effect from 23-02-2021---High Court dismissed the petition---Validity---Computerized National Identity Card (CNIC) had never been given due preference for the purpose of determination of age---Salary slip only served as a proof of salary which a person drew on monthly basis and it could not be considered a conclusive proof of date of birth, which was mentioned casually---Matriculation Certificate was the basic document from which all the other relevant documents emanated---Date of birth of respondent, in presence of contradiction between the record, had rightly been derived by the concerned quarters from the Matriculation Certificate---appeal was partly accepted. Head NotesCase Description Citation Name: 2022 PLD 49 SUPREME-COURT-AZAD-KASHMIRBookmark this Case Khawaja AAMIR AHMED VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 44---Writ petition---Scope---High Court is not empowered to grant relief beyond the scope of pleadings. Head NotesCase Description Citation Name: 2022 PLD 49 SUPREME-COURT-AZAD-KASHMIRBookmark this Case Khawaja AAMIR AHMED VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR Members of the legal profession are required to conduct their cases with a sense of personal responsibility---Such members of legal profession should act with reasonable care and caution---Advocates are not the puppets compelled to obey the dictates of their clients rather they are responsible to the Court for the fair and honest conduct of a case. Head NotesCase Description Citation Name: 2022 PLD 49 SUPREME-COURT-AZAD-KASHMIRBookmark this Case Khawaja AAMIR AHMED VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR Date of birth---Entry in Matriculation Certificate---Scope---Entry regarding the age, for the first time, is generally made in the Matriculation Certificate which is relied upon by everybody. Head NotesCase Description Citation Name: 2022 PLD 49 SUPREME-COURT-AZAD-KASHMIRBookmark this Case Khawaja AAMIR AHMED VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 43---Judges of the High Court of azad Jammu and Kashmir---Resignation---Scope---"Resignation" means the spontaneous relinquishment of one's own right and in relation to an office, it connotes the act of giving up or relinquishing the office---act of relinquishment or giving up may be unilateral or bilateral---In case of a government servant, the resignation is bilateral as it comes into effect when the authority to whom the resignation is submitted, accepts the same, whereas, in case of a Judge, holding the constitutional post, the resignation is unilateral, his resignation is mere an information to the concerned and becomes effective forthwith---Under art. 43(5) of the Constitution the term of office of Judge of High Court would come to an end on his resignation---Concept of submission and acceptance of resignation is absent in this provision, which manifests that the dignity of the Judge of the High Court needs that his resignation should be immune from acceptance. Head NotesCase Description Citation Name: 2022 PLD 49 SUPREME-COURT-AZAD-KASHMIRBookmark this Case Khawaja AAMIR AHMED VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 129---Court may presume existence of certain facts---Scope---Court may presume the existence of any fact, which it thinks likely to have happened, regard having to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. Head NotesCase Description Citation Name: 2022 PLD 49 SUPREME-COURT-AZAD-KASHMIRBookmark this Case Khawaja AAMIR AHMED VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR Vol. I, Chap. 6, Para. 116---Date of birth---Scope---Every person newly appointed to a service or a post under Government should at the time of appointment declare the date of his birth with as far as possible confirmatory documentary evidence such as Matriculation Certificate---Date of birth so declared cannot be altered, except in the case of a clerical error. Head NotesCase Description Citation Name: 2022 PLD 49 SUPREME-COURT-AZAD-KASHMIRBookmark this Case Khawaja AAMIR AHMED VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR Date of birth---Entry in CNIC---Scope---Computerized National Identity Card (CNIC) is not the conclusive proof of age rather simply the date of birth is shown by the holder of the card for the purpose of identification and nothing beyond. Head NotesCase Description Citation Name: 2022 PLD 49 SUPREME-COURT-AZAD-KASHMIRBookmark this Case Khawaja AAMIR AHMED VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR Regln. 35-a---Date of birth of civil servant---Scope---age to be entered in the record of service of an official should be that recorded in his University Certificate or School Certificate---Due credence will be given to the Matriculation Certificate and all the subsequent documents including CNIC, salary slips, etcetera, cannot override the entry of date of birth recorded in the Matriculation Certificate unless the same is corrected by the Board of Intermediate and Secondary Education under the relevant law. Head NotesCase Description

Khawaja AAMIR AHMED vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR arts — 2022 PLD 49 SUPREME-COURT-AZAD-KASHMIR

Case information

Judgment text as reported

Other judgments reported in 2022 PLD