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Shaista Jamil vs Daraz Ss — 2024 CLC 1926 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLC 1926 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLC
Parties
Shaista Jamil vs Daraz Ss
Subject matter
Criminal
Provisions referred to
S. 410---C; S. 410; S. 30; Criminal Procedure Code (V of 1898); Civil Procedure Code (V of 1908); Punjab Consumer Protection Act; Civil Procedure Code

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

Shaista Jamil VS Daraz Ss. 23, 30 & 32---Criminal Procedure Code (V of 1898), S.410---Civil Procedure Code (V of 1908), O.VII, R.11---Appeal---Maintainability---Rejecting of complaint---Complaint of appellant / consumer was rejected by Trial Court under the provision of O. VII, R.11 C.P.C.---Appellant / consumer assailed order of Trial Court under S.410 Cr.P.C.---Office of High Court raised objection regarding maintainability of appeal---Validity---Consumer Court established under Punjab Consumer Protection Act, 2005 is a special Court with both civil and criminal jurisdiction--- Consumer Court is not a civil Court in the sense of Civil Procedure Code, 1908 because a petition, claim or complaint brought before it is not treated as suit or plaint and it does not pass a decree--- Similarly the Court cannot be termed as a pure criminal Court because of its limited criminal provisions---This indicates the uniqueness of the Consumer Court and its proceedings--- Every proceeding before Consumer Court is deemed to be a judicial proceeding under S. 30(4) of Punjab Consumer Protection Act, 2005--- Provision of Civil Procedure Code, 1908 do not strictly govern proceedings before Consumer Court and it can apply only its equitable principles---Thus, O.VII, R.11 C.P.C. was not applicable in terms but Consumer Court had authority to decide on maintainability of a claim---Consumer Court had passed order in question in exercise of civil jurisdiction, therefore, no criminal appeal was competent against such order---Office objection was maintained in circumstances.

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