1981 PLP 909 (CLC)
Miss HUMAIRA ZAHID‑Petitioner Versus DISTRICT MAGISTRATE, SHIKARPUR AND 4 OTHERS‑ Respondents
| Citation | 1981 PLP 909 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Zaheorul Haq and Saleem Akhtar, JJ |
| Parties | Miss HUMAIRA ZAHID‑Petitioner Versus DISTRICT MAGISTRATE, SHIKARPUR AND 4 OTHERS‑ Respondents |
| Primary Law | (b) Constitution of Pakistan (1973)‑‑, (c) Constitution of Pakistan (1973)‑, (a) Constitution of Pakistan (1973)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 909 (CLC)?
This judgment primarily cites: (b) Constitution of Pakistan (1973)‑‑, (c) Constitution of Pakistan (1973)‑, (a) Constitution of Pakistan (1973)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 909 (CLC)?
The case was heard and decided by the Karachi bench comprising: Muhammad Zaheorul Haq and Saleem Akhtar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 909 (CLC) (Miss HUMAIRA ZAHID‑Petitioner Versus DISTRICT MAGISTRATE, SHIKARPUR AND 4 OTHERS‑ Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ‑‑ Art. 199‑Principle of natural justice‑Maxim: Audi alteram partem‑District Magistrate issuing certificates of domicile and P. R. Cs. to petitioners‑Respondent challenging issue of said docu ments before Commissioner and Commissioner without notice to petitioners and without dealing with merits of case, merely observ ing : District Magistrate could take suo motu action for cancel lation of P. R. Cs. if obtained by misrepresentation of facts‑District Magistrate issuing notice to petitioner but on date of hearing petitioner not appearing personally‑District Magistrate not granting adjournment sought by counsel and proceeding with case‑District Magistrate on evidence before him finding P. R. Cs. based on misrepresentation‑Held: Commissioner made no decision adverse to petitioner nor did District Magistrate decide against petitioner without affording reasonable opportunity of presenting his case.
- Munnawar Malik for Petitioner.
- Maqbaol Ahmed Khan for Respondent No. 5.
- Date of hearing : 29th October, 1980.
Headnotes / Summary
‑‑ Art. 199‑Principles of natural justice‑Order of stay (issued by High Court) not conveyed to District Magistrate‑District Magistrate cancelling P. R. Cs‑Held, no breach of principles of natural justice committed nor stay order disobeyed. ‑‑ Art. 199‑Writ‑Discretion‑Petitioners party to fraud and mis-representation coming to High Court with unclean hands‑Held, discretion of Court not to be exercised in their favour. M. I. Memen, A. A.‑G. Respondents Nos. 1 to 4.
Judgment & Decree
‑‑ Art. 199‑Principle of natural justice‑Maxim: Audi alteram partem‑District Magistrate issuing certificates of domicile and P. R. Cs. to petitioners‑Respondent challenging issue of said docu ments before Commissioner and Commissioner without notice to petitioners and without dealing with merits of case, merely observ ing : District Magistrate could take suo motu action for cancel lation of P. R. Cs. if obtained by misrepresentation of facts‑District Magistrate issuing notice to petitioner but on date of hearing petitioner not appearing personally‑District Magistrate not granting adjournment sought by counsel and proceeding with case‑District Magistrate on evidence before him finding P. R. Cs. based on misrepresentation‑Held: Commissioner made no decision adverse to petitioner nor did District Magistrate decide against petitioner without affording reasonable opportunity of presenting his case. (b) Constitution of Pakistan (1973)‑‑
‑‑ Art. 199‑Principles of natural justice‑Order of stay (issued by High Court) not conveyed to District Magistrate‑District Magistrate cancelling P. R. Cs‑Held, no breach of principles of natural justice committed nor stay order disobeyed. (c) Constitution of Pakistan (1973)‑
‑‑ Art. 199‑Writ‑Discretion‑Petitioners party to fraud and mis-representation coming to High Court with unclean hands‑Held, discretion of Court not to be exercised in their favour. Munnawar Malik for Petitioner. M. I. Memen, A. A.‑G. Respondents Nos. 1 to
4. Maqbaol Ahmed Khan for Respondent No.