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Syed ASGHAR ALI SHAH vs KALEEM ARSHAD arts — 2024 PLC(CS) 463 SUPREME-COURT

Case information

Citation
2024 PLC(CS) 463 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
PLC
Parties
Syed ASGHAR ALI SHAH vs KALEEM ARSHAD arts
Subject matter
Criminal

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

Syed ASGHAR ALI SHAH VS KALEEM ARSHAD arts. 212(2), proviso, 212(3) & 142---Order of a Tribunal created by a Provincial law---appeal to the Supreme Court under article 212(3) of the Constitution---Maintainability---Whether an appeal lies to the Supreme Court under article 212(3) against an order of a Tribunal created by a Provincial law to which the proviso to Clause (2) of the article 212 has not been made applicable---[Per Syed Mansoor ali Shah, J. (Majority view): Proviso to clause (2) does not apply to clause (3) of article 212 of the Constitution---appeals against orders of the Provincial administrative Tribunals are competent before the Supreme Court under article 212(3) of the Constitution---Supreme Court over ruled the law declared in such regard in the judgment reported as Gomal Medical College v. armaghan Khan (PLD 2023 SC 190)]---[Per ayesha a. Malik, J. (Minority view): as article 212(1) of the Constitution itself confers jurisdiction on the Provincial Legislature to establish the Provincial Tribunal under article 212(1), the Constitution also confers appellate jurisdiction to the Supreme Court from a judgment, decree, order or sentence of the said Provincial Tribunal---Discussion of the majority opinion in the instant matter on Entry 55 of the Federal Legislative List (FLL), is not relevant to the dispute at hand]

Other judgments reported in 2024 PLC

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