Question of jurisdiction

2023 CLD 885 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Question of jurisdiction

If a mandatory condition for the exercise of a jurisdiction before a Court, tribunal or authority is not fulfilled, then the entire following proceedings become illegal and suffer from want of jurisdiction

So, there rests no room for stepping ahead with a case without first attending to and adjudicating upon question of jurisdiction.

2020 YLR 578 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 2, 3 & 4Notification SRO No. 141(KE)/2005 dated 14-11-2005Recovery of possessionMagistrate, powers ofQuestion of jurisdiction

Petitioners were lessees on land owned by Karachi Port Trust and were aggrieved of order passed by Trial Court and Lower Appellate Court dispossessing them

Plea raised by petitioners was that judicial magistrate was not competent to try case in question

Validity

Question of jurisdiction could be raised at any stage which went to roots to case

Such was not a mere technicality but jurisdiction to try complaint was conferred to authorized officer by law and under notification issued by Federal Government specifically to exercise all powers vested in authorized officer under Port Authorities Lands and Buildings (Recovery of Possession) Ordinance, 1962

Magistrate and Trial Court had no jurisdiction to try complaints filed by Karachi Port Trust and order passed by them were coram non judice

Initial orders were without jurisdiction therefore, appellate court judgment affirming such orders was also without jurisdiction and needed to be corrected

Objection to jurisdiction could not be construed or regarded as mere technicality but in pith and substance it had much significance

No court could assume jurisdiction not provided under law

High Court set aside orders passed by Trial Court and Lower Appellate Court and remanded matter for de novo trial by authorized officer

Constitutional petition was allowed accordingly.

2016 PLD 409 SUPREME-COURT Judicial Precedent

Question of jurisdiction

Law enjoined a duty upon the Court to settle questions about its jurisdiction, because subject to certain exceptions, any decision rendered by the court having no jurisdiction stood vitiated on such account alone.

2001 YLR 1517 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Question of jurisdiction

Question of Court's jurisdiction can competently be raised and argued even if the same was not raised before the Courts -below or in the revision petition.