1983 PLP 1103 (SCMR)
PROVINCE OF PUNJAB-Petitioner Versus Ch. WALI MUHAMMAD-Respondent
| Citation | 1983 PLP 1103 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | PROVINCE OF PUNJAB-Petitioner Versus Ch. WALI MUHAMMAD-Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1983 PLP 1103 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1983 PLP 1103 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1983 PLP 1103 (SCMR) (PROVINCE OF PUNJAB-Petitioner Versus Ch. WALI MUHAMMAD-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Izharul Haq, Advocate, Supreme Court arid Ejaz Ahmad Khan, Advocate-on-Record for Petitioners.
- Nemo for Respondent.
- Date of hearing : 6th February, 1983.
- Sh. Izharul Haq, Advocate, Supreme Court arid Ejaz Ahmad Khan, Advocate‑on‑Record for Petitioners.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, dated 5-5-1982 in R. S. A. 28/82.
Art. 212(3) read with Civil Servants Act (LXXI of 1973)-Leave to appeal-Granted to consider whether Local Audit Department Rules, 198, should not govern question as to who was "competent authority" and whether civil suit remained competent after enactment of new service laws in 1973-74 and what is effect of provisions relating to abatement of similar matters. Federation of Pakistan v. Muhammad Siddiq P L D 1981 S C 249 ref.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑Leave to appeal is granted in this service matter to consider the following two questions :‑ (a) Whether the Local Audit Departmental Rules, 1958 should not have governed the question as to who was the competent authority; and (b) Whether the civil suit remained at all competent, after the enactment,, of new service laws in 1973/1974 and what is the effect of provisions relating to abatement of similar matters together with the rule laid down by this Court in Federation of Pakistan v. Muhammad Siddiq; PLD1981SC
249. Order accordingly. Appeal to be prepared on the present record with liberty to the parties to file additional documents, if necessary. S. Q. Leave granted.