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Taj Muhammad vs Provincial Government through Chief Secretary Gilgit-Baltistan Gilgit S — 2025 MLD 630 Gilgit-Baltistan Chief Court

Case information

Citation
2025 MLD 630 Gilgit-Baltistan Chief Court
Year
2025
Reporter
MLD
Parties
Taj Muhammad vs Provincial Government through Chief Secretary Gilgit-Baltistan Gilgit S
Provisions referred to
S. 24---T

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

Taj Muhammad VS Provincial Government through Chief Secretary Gilgit-Baltistan Gilgit S. 24---Transfer application---Bias in judge, allegation of---Plea that judge (Diamer) in question had decided similar nature case (reference petition) against some of the petitioners---Validity---Case (reference petition) could not be transferred on the ground that since the Referee/District Judge (District Diamer) while deciding similar matter had already expressed an adverse opinion or passed decision against some of the petitioners, therefore, the other case of similar nature would meet the same fate---There was no logic behind the said apprehension for the simple reason that every case had its own facts and circumstances and the Trial Court was to decide the matter on merits on the basis of the evidence, as such, the apprehension of the petitioners under the circumstances was misconceived and not tenable in law---Petitioners had failed to mention any reasonable ground for transfer of case from the present Trial Court (Diamer) to any other Court of competent jurisdiction---Petition for transfer, being merit-less, was dismissed, in circumstances. Citation Name: 2025 MLD 630 Gilgit-Baltistan Chief CourtBookmark this Case Taj Muhammad VS Provincial Government through Chief Secretary Gilgit-Baltistan Gilgit S. 24---Transfer application---Bias in judge, allegation of---Plea of the petitioners was that they had lost confidence in the judge (Diamer) as he had close relations with the contesting party---Validity---Petitioners had not been able to establish that the judge had any close relations with the respondents (contesting party) as the judge belonged to Gilgit and was a Pathan by caste, who had nothing to do with the opposing party (respondents)---Petitioners had failed to mention any reasonable ground for transfer of case from the present Trial Court (Diamer) to any other Court of competent jurisdiction---Petition for transfer, being merit-less, was dismissed, in circumstances.

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