YASMIN JANG vs ADVOCATE GENERAL, PUNJAB S — 2022 PLD 495 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 495 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: YASMIN JANG vs ADVOCATE GENERAL, PUNJAB S
Subject matter: Criminal
Provisions referred to: S. 29---; S. 29; Mental Health Ordinance

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

YASMIN JANG VS ADVOCATE GENERAL, PUNJAB S. 29---appointment of administrator/manager---Proceedings---Consent of advocate General---Function, nature of---appellant was aggrieved of appointment of administrator/manager to look after the affairs of person and properties of the patient through a law firm appointed in that respect---Mother of the patient assailed judgment of Single Judge of High Court directing advocate General to give his consent to approach Court of Protection---Validity---Granting or refusing consent by advocate General under S. 29 of Mental Health Ordinance, 2001,was no judicial determination of any legal rights of parties to intended action---all questions relating to appointment of guardian of person and manager of property of mentally disordered had to be decided only by Court which was to entertain petition---Even if advocate General was to hold an enquiry, he was merely to see whether there was a prima facie case that should be allowed---appointment of an advocate through a Wakalatnama gave him power to appear and act for any person in any Court, but not before any office such as advocate General---application made by law firm/advocate to advocate General without signature of respondent was not proper and competent, nor the same could be considered that it was filed by any relative of the patient---Petition of respondent under art. 199 of the Constitution, was not rightly allowed by Single Judge of High Court and Constitutional petition filed by respondent was dismissed---Intra Court appeal was allowed accordingly.

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