SHAH ZAMAN KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar Ouster of jurisdiction clause — 2023 PLD 340 SUPREME-COURT

Case information

Citation: 2023 PLD 340 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLD
Parties: SHAH ZAMAN KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar Ouster of jurisdiction clause

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

SHAH ZAMAN KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar Ouster of jurisdiction clause---Interpretation---Provision ousting the jurisdiction of a civil court is to be construed strictly and established rights cannot be disturbed, nor can an ouster clause deprive anyone of property---Ouster clause can also not be used to create injustice or hardship, but, this does not mean that the ouster clause is of no legal effect---Another factor to consider in determining the scope of the ouster of jurisdiction is to examine whether those who may be affected are provided with an alternative remedy.

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