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SERAAJ DIN vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art — 2023 PLD 124 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2023 PLD 124 HIGH-COURT-AZAD-KASHMIR
Year
2023
Reporter
PLD
Parties
SERAAJ DIN vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art
Subject matter
Constitutional
Provisions referred to
S. 21---L

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

SERAAJ DIN VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 44---Writ petition--- Extraordinary jurisdiction--- Factual controversy---Scope---High Court in its extraordinary jurisdiction cannot sit over and step in the policy/administrative decisions of the government functionaries qua the welfare projects particularly when the stance of the petitioner is objected by the other side on factual grounds---Proper recourse in this regard is to file the civil suit in order to establish a specific fact by providing oral as well as documentary evidence---Extraordinary relief is justified only in extraordinary circumstances in favour of an aggrieved person, if any infringement of law or for that matter violation of constitutionally guaranteed fundamental rights is involved. Head NotesCase Description Citation Name: 2023 PLD 124 HIGH-COURT-AZAD-KASHMIRBookmark this Case SERAAJ DIN VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR S. 21---Locus poenitentiae---Scope---An authority can exercise the powers of modification by re-visiting the order of instrument already passed but the power is not unqualified and subject to the condition that in case of implementation of such like order or instrument where decisions or steps have been taken as a result of which certain rights have been created in favour of a party, then exercise of power under this doctrine is not available. Head NotesCase Description Citation Name: 2023 PLD 124 HIGH-COURT-AZAD-KASHMIRBookmark this Case SERAAJ DIN VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR Government functionaries are under bounden duty to perform their duties strictly in accordance with law. Head NotesCase Description

Other judgments reported in 2023 PLD

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