Baluchistan Levy Services Standing Instructions
Baluchistan Levy Services Standing Instructions legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Art. 98 read with Baluchistan Levy Services Standing Instructions, Cl. 20 read with Agent to Governor-General and Chief Commissioner, Baluchistan, Notification No.1-P2/49, r.6-Writ-Maxim: audi alteram partem-Commissioner while entertaining, and deciding appeal purporting to have acted under Instructions m form of Rules-Such being law under which Commissioner acted, Commissioner if violating any substantive provisions of such Rules, action of Commissioner would immediately become scrutinizable by High Court-General principle of audi alteram partem being unwritten provision of every law of Pakistan unless specifically excluded, incidence of appeal in service matters no less, rather more, important in so far as right of appeal by a person adversely affected concerned-Commissioner, held, could not accept appeal without hearing person adversely affected and his order illegal and without lawful authority.-[Maxim-Civil service]
"Baluchistan Levy Services Standing Instructions", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/2087
Precedents & Case Laws citing "Baluchistan Levy Services Standing Instructions"
P L D 1979 Quetta 113
BAZ MUHAMMAD‑Petitioner Versus COMMISSIONER, QUETTA DIVISION, QUETTA AND ANOTHER‑ Respondents
Court: Art. 242‑Services of Pakistan‑Levy Sowars in Province of Baluchistan‑Held: Persons falling within definition of services of Pakistan.‑Civil service.1986 C L C 939
QALANDAR KHAN‑‑Petitioner Versus Haji ZAREEF KHAN and 5 others‑‑Respondents
Court: Quetta2024 M L D 1149
M.F.M.Y Industries Limited — Petitioner Versus Federation of Paistan and others — Respondents
Court: SindhP L D 1983 Supreme Court 291
MR. YAHYA BAKHTIAR, ADVOCATE-Appellant Versus THE STATE THROUGH THE SECRETARY, MINISTRY OF INTERIOR,
Court: -- Right of cross-examination of prosecution witness-Important and vested right of accused-Accused denied opportunity of cross-examination of prosecution witness by illegal appointment of defence counsel for accused in his absence and without authority-Evidence of such prosecution witness, held, not admissible against accused.-Witness Counsel and client-Evidence.P L D 1976 Supreme Court 57
ISLAMIC REPUBLIC OF PAKISTAN THROUGH SECRETARY, MINISTRY OF INTERIOR AND KASHMIR AFFAIRS, ISLAMABAD- Applicant/Referring Authority Versus ABDUL WALI KHAN, M. N. A., FORMER PRESIDENT OF DEFUNCT NATIONAL AWAMI PARTY-Respondent
Court: -- Ss. 6 & 8 read with Constitution of Pakistan (1973), Art. 17(2) Nature and scope of proceedings under S. 6-Jurisdiction of Court in Reference under S. 6-Not analogous to one in writ proceedings so as to be confined to judicial review of executive order-Word "deci sion" in Art. 17(2)-Deliberately used, leaving decision of question, striking at very roots of democracy, to highest judicial forum of country-Dissolution of party takes place not on declaration and publication of Federal Government's satisfaction but on decision of Supreme Court under subsection (2) of S. 6 - Interpretation of statutes-Courts lean in favour of upholding constitutionality of legis lation-Section 6 if read as giving no power to dissolve party and dissolution by operation of law having been made "specifically subject to the provisions of subsection (2)," dissolution by operation of law in consequence, merely in nature of ad interim measure pending .c decision of Supreme Court-Statutory ad interim dissolution to stand automatically vacated on Supreme Court's decision to contrary-Per Muhammad Gul, J. (disagreeing as to point of time from which party stands dissolved): Words "upon" and "subject to the provisions of subsection (2)" occurring in S. 6(1)-Interpretation-Word "upon" in section-Does not necessarily signify dissolution of offending party and forfeiture of its assets to be contemporaneous with publication of declaration in official Gazette-Such results could follow publication of declaration-Phrase "subject to the provisions of subsection (2)" A pointer in same direction-Provision in statute when subject to another provision requiring something to be done, first provision conditional upon performance of requirement of provision referred to-On construction of words "upon such publication" and "subject to the provisions of subsection (2)", therefore, dissolution of a political party and forfeiture of its assets stands postponed until after Reference by Federal Government and decision of Supreme Court and decision of Supreme Court condition precedent for dissolution of party and forfeiture of its assets.1990 P L C (C
MUHAMMAD ASIF Versus SECRETARY TO GOVERNMENT OF THE PUNJAB,
Court: Lahore High Court2024 P T D 1360
IBRAHIM FIBRES LIMITED through Company Secretary Versus PROVINCE OF SINDH through Chief Secretary and 2 others
Court: Sindh High CourtP L D 1979 Karachi 1
SHER MUHAMMAD-Petitioner Versus DIRECTOR-GENERAL OF PAKISTAN, TELEGRAPHS AND
Court: -- Ss. 3 & 4-Jurisdiction of Service Tribunal-Not dependent on whether impugned act already carried out or merely a- threatened act-Jurisdiction of such Tribunal, held, depends on fact whether impugned act related to terms and conditions of service of a civil servant and cannot be defeated on plea of act being merely a threatened act.-Jurisdiction-Civil service.1989 P Cr
IRSHAD‑‑Petitioner Versus THE STATE‑‑Respondent
Court: QuettaP L D 1986 Quetta 321
Before Munawar Ahmad Mirza. J Versus MESSRS TRIBAL FRIENDS COMPANY, LORALAI‑Respondents Civil Revision No. 25 of 1977 AND
Court: