PLC(CS) 1992

1992 PLP (C (PLC(CS))

MUHAMMAD RAMZAN QURESHI Versus THE DIRECTOR, MILITARY LANDS AND CANTONMENT, RAWALPINDI and 2 others

Jurisdiction / Court
Karachi High Court
Decided Date
Constitutional Petition No. D-1770 of 1987, decided on 6th February, 1992.
Honorable Judges
Mamoon Kazi arid Kamal Mansur Alam, JJ
Case Reference Summary (AEO Optimized)
Citation 1992 PLP (C (PLC(CS))
Forum / Court Karachi High Court
Bench Members Mamoon Kazi arid Kamal Mansur Alam, JJ
Parties MUHAMMAD RAMZAN QURESHI Versus THE DIRECTOR, MILITARY LANDS AND CANTONMENT, RAWALPINDI and 2 others
Primary Law Pakistan Cantonment Service Rules, 1954
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?

This judgment primarily cites: Pakistan Cantonment Service Rules, 1954 as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?

The case was heard and decided by the Karachi High Court bench comprising: Mamoon Kazi arid Kamal Mansur Alam, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (MUHAMMAD RAMZAN QURESHI Versus THE DIRECTOR, MILITARY LANDS AND CANTONMENT, RAWALPINDI and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Pakistan Cantonment Service Rules, 1954

Representation

  • Rasheed A. Akhund for Petitioner.
  • Ikram A. Ansari for Respondents Nos.l and 3.
  • Abdus sattar for Respondent No. 2.
  • Date of hearing: 6th February, 1992.

Headnotes / Summary

R. 44(3)

Constitution of Pakistan (1973), Art. 199

Compulsory retirement of petitioner after completion of twenty-rive years service-- Rule 44(3), Pakistan Cantonment Service Rules, 1954, whereunder action had been taken against petitioner was subsequently found to be repugnant to injunctions of Islam inasmuch as it did not provide for due notice of action proposed to be taken and opportunity of showing cause against such action-- Petitioner's entitlement to relief

Notwithstanding judgment of Supreme Court reported as Pakistan v. Public-at-Large PLD 1987 SC 304, - whereby 8.44(3), Pakistan Cantonment Service Rules, 1954 was declared to be repugnant to injunctions of Islam, present Constitutional petition could not succeed, for judgment of Supreme Court could not take retrospective effect-- At the time when impugned order was passed, R. 44(3). Pakistan Cantonment. Service Rules, 1954, was valid and operative

Constitutional petition was dismissed in circumstances. Pakistan and others v. Public-at-Large and others PLD 1987 SC 304 rel.

Judgment & Decree

Constitutional Petition No. D-1770 of 1987, decided on 6th February, 1992.

R. 44(3)

Constitution of Pakistan (1973), Art. 199

Compulsory retirement of petitioner after completion of twenty-rive years service-- Rule 44(3), Pakistan Cantonment Service Rules, 1954, whereunder action had been taken against petitioner was subsequently found to be repugnant to injunctions of Islam inasmuch as it did not provide for due notice of action proposed to be taken and opportunity of showing cause against such action-- Petitioner's entitlement to relief

Notwithstanding judgment of Supreme Court reported as Pakistan v. Public-at-Large PLD 1987 SC 304, - whereby 8.44(3), Pakistan Cantonment Service Rules, 1954 was declared to be repugnant to injunctions of Islam, present Constitutional petition could not succeed, for judgment of Supreme Court could not take retrospective effect-- At the time when impugned order was passed, R. 44(3). Pakistan Cantonment. Service Rules, 1954, was valid and operative

Constitutional petition was dismissed in circumstances. Pakistan and others v. Public-at-Large and others PLD 1987 SC 304 rel. Rasheed A. Akhund for Petitioner. Ikram A. Ansari for Respondents Nos.l and

3. Abdus sattar for Respondent No.

2. Date of hearing: 6th February, 1992.