Coram Non Judice

Obligatory duty of a Judge/Court was to apply correct law to a lis and it was not upon litigant to point out which law that was appliable

Primary duty of Court was to do justice and to apply correct law to facts of a case and same was exclusively the duty of the Judge/Court

To perpetuate an error was no virtue but to correct the same was compulsion of judicial conscience and legal maxim "coram non judice" indicated a proceeding which was outside authority of a Judge or without legal jurisdiction.

Whenever court was not properly constituted, proceedings carried out by it were nothing but coram-non-judice.

Coram non judice is a legal term typically used to indicate a legal proceeding that is outside presence of a judge, with improper venue or without jurisdiction

Any indictment or sentence passed by a court which has no authority to try an accused of that offence is violation of law and would be coram non judice and a nullity

Jurisdiction cannot be conferred by consent nor can it be fettered unless there is a choice between more than one place in terms of jurisdiction

If order or judgment is suffering from vice of coram non judice it may be quashed and set aside by a court when a special statute gives a right and also provides for a forum for adjudication of rights.

Definition.

'Coram non judice' was a fatal flaw germane to the very constitution of the judicial forum rendering its proceedings non est in the eye of law

Forum may be vested with the jurisdiction yet its actions may be invalid, if such forum had been set up in clear and absolute violation of the law applicable in such behalf.

Member of a religiously motivated terrorist organization, attacking Armed Forces with deadly weapons, causing death of Army personnel

Conviction and sentence awarded by Field General Court Martial (FGCM)

Coram non judice

Scope

Accused persons never contended that FGCM was not duly convened and constituted in terms of the Pakistan Army Act, 1952

No illegality or infirmity, in such behalf, was pointed out or noticed

In the circumstances, the conviction and sentence of accused persons could not be said to be coram non judice.

Any determination made and decision given by a court or other forum performing judicial functions (or even quasi-judicial functions) having no jurisdiction was a nullity in the eyes of law.

At the time of the Preliminary Determination made by the National Tariff Commission, term of office of one of its Members had lapsed therefore, the constitution of the Commission was defective and irregular

Legality of the Commission's constitution was pivotal to the exercise of its jurisdiction

No provision in the National Tariff Commission Act, 1990 existed that protected the decisions or determinations of the Commission in case the constitution of the Commission was irregular or defective

Preliminary determination made by the Commission in the present case had not been issued by the Commission as mandated under S.37 of the Anti-Dumping Duties Ordinance, 2000, therefore the same was set aside being coram non judice

Constitutional petition was allowed accordingly.

At the time of the Preliminary Determination made by the National Tariff Commission, term of office of one of its Members had lapsed therefore, the constitution of the Commission was defective and irregular

Legality of the Commission's constitution was pivotal to the exercise of its jurisdiction

No provision in the National Tariff Commission Act, 1990 existed that protected the decisions or determinations of the Commission in case the constitution of the Commission was irregular or defective

Preliminary Determination made by the Commission in the present case had not been issued by the Commission as mandated under S.37 of the Anti-Dumping Duties Ordinance, 2000, therefore the same was set aside being coram non judice

Constitutional petition was allowed accordingly.

Plaint was to be returned for presentation to the proper court.

Legislative authority for ratifying the acts, omissions and orders which are "corain non judice", has no limitation/restriction.