CLC 1981

1981 PLP 111 (CLC)

IRSHAD ALI‑Petitioner Versus ISLAMIC REPUBLIC OF PAKISTAN AND 2 OTHERS‑Respondents

Jurisdiction / Court
Karachi
Decided Date
Constitutional Petition No. 1235 of 1974, decided on 9th December, 1979.
Honorable Judges
Fakhruddin G. Ebrahim and B. G. N. Kazi, JJ
Case Reference Summary (AEO Optimized)
Citation 1981 PLP 111 (CLC)
Forum / Court Karachi
Bench Members Fakhruddin G. Ebrahim and B. G. N. Kazi, JJ
Parties IRSHAD ALI‑Petitioner Versus ISLAMIC REPUBLIC OF PAKISTAN AND 2 OTHERS‑Respondents
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1981 PLP 111 (CLC)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1981 PLP 111 (CLC)?

The case was heard and decided by the Karachi bench comprising: Fakhruddin G. Ebrahim and B. G. N. Kazi, JJ.

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

Cite this legal precedent as: 1981 PLP 111 (CLC) (IRSHAD ALI‑Petitioner Versus ISLAMIC REPUBLIC OF PAKISTAN AND 2 OTHERS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • S. Riazul Hassan for Petitioner.
  • Shah Jamil Alam, Deputy Attorney‑General, S. Murtaza Hussain and Khuda Bux Omrani for Respondents.
  • Dates of hearing: 5th and 9th December, 1979.

Headnotes / Summary

(a) Civil Procedure Code (V of 1908)‑ ‑‑‑ O. XXIII, r. 1 and S. 11‑Withdrawal of suit‑‑Previous petition with drawn at Katcha Peshi‑Second petition on same subject‑matter, held, does not fall within mischief of principle that no person should be vexed twice for same matter. Commissioner of Incometax v. Ashfaq Ahmad P L D 1973 S C 406 and Hussain Bakhsh v. Settlement Commissioner P L D 1970 S C 1 ref. (b) Medical Council Ordinance (XXXII of 1962)‑

S. 31 read With Medical and Dental Council Regulations, Regl. 37 Infamous conduct ‑ Removal of name from Register ‑ Medical Council without inviting petitioner (complainant) to state his case and produce evidence deciding case against a medical practitioner by reference to a report of Enquiry Committee‑Council, held, acted in disregard of Regulations, in circumstances and directed to proceed with case afresh in accordance with Regulations.

Judgment & Decree

(a) Civil Procedure Code (V of 1908)‑ ‑‑‑ O. XXIII, r. 1 and S. 11‑Withdrawal of suit‑‑Previous petition with drawn at Katcha Peshi‑Second petition on same subject‑matter, held, does not fall within mischief of principle that no person should be vexed twice for same matter. Commissioner of Incometax v. Ashfaq Ahmad P L D 1973 S C 406 and Hussain Bakhsh v. Settlement Commissioner P L D 1970 S C 1 ref. (b) Medical Council Ordinance (XXXII of 1962)‑

S. 31 read With Medical and Dental Council Regulations, Regl. 37 Infamous conduct ‑ Removal of name from Register ‑ Medical Council without inviting petitioner (complainant) to state his case and produce evidence deciding case against a medical practitioner by reference to a report of Enquiry Committee‑Council, held, acted in disregard of Regulations, in circumstances and directed to proceed with case afresh in accordance with Regulations. S. Riazul Hassan for Petitioner. Shah Jamil Alam, Deputy Attorney‑General, S. Murtaza Hussain and Khuda Bux Omrani for Respondents. Dates of hearing: 5th and 9th December, 1979.