1977 PLP [C (PLC(CS))
CO‑OPERATION DEPARTMENT, KARACHI Versus ABDUL GHAFOOR
| Citation | 1977 PLP [C (PLC(CS)) |
| Forum / Court | 1977 P L C C. S. T. 16 |
| Bench Members | Hamzo Khan M. Kureshi. Chairman, Abdul Kadir and |
| Parties | CO‑OPERATION DEPARTMENT, KARACHI Versus ABDUL GHAFOOR |
| Primary Law | Sind Service Tribunals Act (XV of 1973)‑ |
Q1: What are the key laws and sections cited in 1977 PLP [C (PLC(CS))?
This judgment primarily cites: Sind Service Tribunals Act (XV of 1973)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1977 PLP [C (PLC(CS))?
The case was heard and decided by the 1977 P L C C. S. T. 16 bench comprising: Hamzo Khan M. Kureshi. Chairman, Abdul Kadir and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1977 PLP [C (PLC(CS)) (CO‑OPERATION DEPARTMENT, KARACHI Versus ABDUL GHAFOOR). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Sattar G. Shaikh, Asstt. A: G. for Appellant,
- Faiz Muhammad G. Soomro for Respondent
Headnotes / Summary
‑‑ S. 6‑Appeal filed before High Court on 20‑5‑74 (subsequent to 6‑5‑1974 i.e. date of extension of provisions of Art. 212(2) of Constitu tion to Tribunal‑Abatement order passed by High Court on such appeal (not pending on 6‑5‑1974), held, would not confer jurisdiction on Tribunal under S. 6‑Constitution of Pakistan (1973), Art. 212(2).
Judgment & Decree
Versus ABDUL GHAFOOR Appeal No. 78 of 1975, decided on 18th February 1976 ‑‑ S. 6‑Appeal filed before High Court on 20‑5‑74 (subsequent to 6‑5‑1974 i.e. date of extension of provisions of Art. 212(2) of Constitu tion to Tribunal‑Abatement order passed by High Court on such appeal (not pending on 6‑5‑1974), held, would not confer jurisdiction on Tribunal under S. 6‑Constitution of Pakistan (1973), Art. 212(2). Abdul Sattar G. Shaikh, Asstt. A: G. for Appellant, Faiz Muhammad G. Soomro for Respondent HAMZO KHAN M. KURISHI (CHAIRMAN).‑Appellant by A. A: G. respon dent by Mr. Faiz Muhammad. He has produced the certified copy of memo. of appeal from the High Court which shows that the appeal was filed by the Govt. of Sind on 20‑5‑
74. This shows that the appeal in the High Court was not pending immediately before the commencement of law extending clause (2) of Article 212 of the Constitution to this Tribunal. Since it was not pen ding in the High Court prior to 6‑5‑74 when the provisions of Article 212 were extended to this Tribunal, this Tribunal will have no jurisdiction under section 6 of Sind Service Tribunals Act, 1973. The appeal could not be filed! in the High Court after 6‑5‑
74. A. A.‑G. concedes to this legal position and says that the appeal was wrongly filed in the High Court. The order of abatement is therefore illegal and does not confer jurisdiction in this Tribunal was envisaged by section 6 of Sind Service Tribunals Act. The appeal is accordingly dismissed for want of jurisdiction.