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SUPREME APPELLAE COURT BAR ASSOCIATION GILGIT-BALTISTAN vs GILGIT-BALTISTAN COUNCIL Part — 2023 PLC(CS)N 27 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT

Case information

Citation
2023 PLC(CS)N 27 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT
Year
2023
Reporter
PLC
Parties
SUPREME APPELLAE COURT BAR ASSOCIATION GILGIT-BALTISTAN vs GILGIT-BALTISTAN COUNCIL Part
Subject matter
Constitutional

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

SUPREME APPELLAE COURT BAR ASSOCIATION GILGIT-BALTISTAN VS GILGIT-BALTISTAN COUNCIL Part.II [Arts. 3 to 19]---Fundamental rights---Independence of judiciary---Scope---Independence of judiciary is one of the fundamental features of the Constitution of Pakistan which basic feature is superior to even fundamental rights guaranteed under the Constitution and the vires of the Constitution (including fundamental rights) can be examined by the Supreme Court on salient features theory. Head NotesCase Description Citation Name: 2023 PLC(CS)N 27 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURTBookmark this Case SUPREME APPELLAE COURT BAR ASSOCIATION GILGIT-BALTISTAN VS GILGIT-BALTISTAN COUNCIL Independence of judiciary---Remuneration, terms and conditions and security of tenure of judges is part and parcel of independent judiciary. Head NotesCase Description Citation Name: 2023 PLC(CS)N 27 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURTBookmark this Case SUPREME APPELLAE COURT BAR ASSOCIATION GILGIT-BALTISTAN VS GILGIT-BALTISTAN COUNCIL art.61---Civil Service Regulations, Regln. 474---Original jurisdiction of Supreme appellate Court---amount of superior pension---Scope---Case before Supreme appellate Court related to pensionary benefits of a Judge of the Supreme appellate Court who had passed away after serving more than six months but before completing one year of service---Held; permanent judges under Regln.474(b) of Civil Service Regulations were entitled to receive proportionate pension at the rate of 17.5% per annum of each year and the period of service above 6 months was to be reckoned as 1 year of service of pension---Widow of the Judge of Supreme appellate Court was entitled for family pension---Government of Gilgit-Baltistan was directed to take up the case with Secretary Gilgit-Baltistan Council for grant of family pension---Case was adjourned for a date in office for compliance report. Head NotesCase Description Citation Name: 2023 PLC(CS)N 27 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURTBookmark this Case SUPREME APPELLAE COURT BAR ASSOCIATION GILGIT-BALTISTAN VS GILGIT-BALTISTAN COUNCIL Part. II [Arts. 3 to 19]---Fundamental rights---Access to justice---Scope---Access to justice through an independent judiciary is a fundamental right of people of Gilgit-Baltistan. Head NotesCase Description Citation Name: 2023 PLC(CS)N 27 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURTBookmark this Case SUPREME APPELLAE COURT BAR ASSOCIATION GILGIT-BALTISTAN VS GILGIT-BALTISTAN COUNCIL art.61---Original jurisdiction of Supreme appellate Court---Scope---Supreme appellate Court under the art.61 of the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, can assume jurisdiction if a question of general public importance with reference to the enforcement of any of the fundamental rights is involved. Head NotesCase Description

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