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JUSTICE TARIQ MEHMOOD JAHANGIRI, JUDGE, ISLAMABAD HIGH COURT vs MIAN DAWOOD, ADVOCATE HIGH COURT Volume V, Chapter 1-A, Rr — 2026 PLD 81 SUPREME-COURT

Case information

Citation
2026 PLD 81 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2026
Reporter
PLD
Parties
JUSTICE TARIQ MEHMOOD JAHANGIRI, JUDGE, ISLAMABAD HIGH COURT vs MIAN DAWOOD, ADVOCATE HIGH COURT Volume V, Chapter 1-A, Rr
Subject matter
Criminal
Provisions referred to
General Clauses Act (X of 1897); General Clauses 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

JUSTICE TARIQ MEHMOOD JAHANGIRI, JUDGE, ISLAMABAD HIGH COURT VS MIAN DAWOOD, ADVOCATE HIGH COURT Volume V, Chapter 1-A, Rr. 9 & 9A---General Clauses Act (X of 1897), Ss. 21 & 24-A---Constitution of Pakistan, Art. 199 (1)(b)(ii)---Writ of quo warranto---Office objection---Non-deciding of objection---Effect---Locus poenitentiae, principle of---Speaking order---Appellant was a sitting Judge of High Court who had been restrained from performing his official work by Chief Justice of that High Court in a petition filed against him assailing his appointment as Judge of High Court, without first deciding office objection raised against that petition---Validity---Nature of proceedings in objection cases are administrative---While hearing an objection case, under Volume V, Chapter 1-A, Rules 9 & 9-A of High Court (Lahore) Rules and Orders, High Court was performing an administrative function and only after the office objection was "overruled", the case was matured on judicial side and would formally enter domain of jurisdiction of High Court---Since the proceedings germane to dealing with objections of office raised on presentation of Constitutional petitions, appeals, etc., were of administrative nature, absence of power of review was not obstacle to recall any earlier order if it is found to be contrary to law---Authority competent to pass an order even in absence of express provision, under section 21 of General Clauses Act, 1897, can also revoke, rescind or recall the same until the definite act is taken---Supreme Court set aside restraining order passed against appellant-Judge---Supreme Court restored the position ante and directed High Court to first decide fate of office objections through speaking order and to proceed with the matter in accordance with law---Appeal was allowed.

Other judgments reported in 2026 PLD

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