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MAQBOOL KHAN vs ASSISTANT COMMISSIONER, LOWER KURRAM, SADDA S — 2024 CLC 518 PESHAWAR-HIGH-COURT

Case information

Citation
2024 CLC 518 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
CLC
Parties
MAQBOOL KHAN vs ASSISTANT COMMISSIONER, LOWER KURRAM, SADDA S
Provisions referred to
S. 3---R; S. 3; Khyber Pakhtunkhwa Alternate Dispute Resolution Act; ADR Act

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

MAQBOOL KHAN VS ASSISTANT COMMISSIONER, LOWER KURRAM, SADDA S. 3---Referring authority or Saliseen---Exercise of powers under Khyber Pakhtunkhwa Alternate Dispute Resolution Act, 2020 ('the ADR Act, 2020')---Conditions---Order under S. 3 of the ADR Act, 2020 should be regulated and for said purpose the exercise of powers shall only be made in the following conditions and subject to the following limitations, (i) An order may only be issued when a Referring Authority is entrusted with such capacity by express consent of parties in writing, same is the situation of Saliseen, who may issue such an order after the matter is being referred to them with express consent of all the affected parties; (ii) Such order may only be passed when there is apprehension that a civil dispute is likely to result into aggression or breach of peace; (iii) Such an order cannot be given beyond scope of maintaining status quo and (iv) Such order should be time bound in nature and should be subject to final decision in the matter.

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