Court

Criteria for determination of a court, detailed.

Appellate Court exercises same power which vests in the Court, order of which is challenged in appeal.

Such court could only function and operate within the confines of the powers granted to it under the special law and could not travel beyond the scope of such powers.

Such court could only function and operate within the confines of the powers granted to it under the special law and could not travel beyond the scope of such powers.

Such are the only wrongs that lie with the remit of court and 'historical' wrongs are for history to worry about.

Provisions of S.9 of Companies Ordinance, 1984, cannot absolve the court from exercising its statutory jurisdiction on the ground that matter before it involved difficult, complicated or intricate (or simply disputed) questions of fact

Disputed questions of fact, even if intricate, complicated or difficult, arising in the context of petition under S.290 of Companies Ordinance, 1984, can be taken up and decided by court.

Courts are not obliged to exercise their discretion in favour of those litigants who approach the courts with unclean hands, concealment of facts and dishonest intent.

If process adopted is legally faulty and inconsistent with or unsustainable in the light of relevant statutory provision, then it must be set aside as a matter of law.

Court has inherent power to correct its incorrect order.

Act of Court shall not prejudice any party.

Preconditions.

Court Duty of the Court is to enforce the law as it is, and it is not for the Court. to decline to give effect to a valid piece of legislation.

Unless the body exercising judicial functions can be demonstrated to be part of the judicial system, it is not a "Court" of law.

Notice issued by High Court to such Addl. District Judge to show cause as to why he may not be made personally liable to pay all the costs which may have been incurred by the parties in moving his Court and contesting an untenable appeal wherein he had called upon the opposite-party to enter appearance.

Determination of.

Arts. 199 & 185-Constitutional jurisdiction-Exercisable by High Court against order of subordinate Court where writ more appropriate remedy than suit-Such question to be examined first by High Court-First case not being fit for exercise of High Court's constitutional jurisdiction petition for leave to appeal against order of High Court dismissed.-[Writ].

Powers and duties of-Judge's entering into controversy with party to a cause pending before Court-Not appropriate-Misleading and incorrect statements and misconceived objections, nevertheless, held, have to be corrected to enable whole matter to be seen in its proper perspective.-[Judge],

Practice-Empowered to control arguments and deal in judgments/orders in manner deemed just and appropriate

Court -Verbal direction of-Judges have to speak only through their (written) orders and judgments-To set aside or declare an oral order as invalid-Unknown to superior Courts.

Act of Court - Does not prejudice any one.

Court Duty of-Court to dispense justice according to law and not according to moral convictions regarding certain occurrence.

Court "Legal" actions of-Whether can be styled "improper" by counsel or Appellate Court.

Court -Clerk of another Court not an agent of Court seized of case-Recourse of counsel to such clerk by mistake for information about case resulting in ex parte decree being passed by Court seized of case-Blame for such result does not lie with Court but with counsel.

Court Court - Subordinate Court writing personally to Chief Justice or Judge of High Court on point of law-Not proper.

incidents of -Judicial power. The Commonwealth (Australia) Court, of Conciliation and Arbitration, constituted under the Conciliation and Arbitration Act, 1904-1952, was described in the Act not only as a "Court" but as a "superior Court of Record", and the Act also made provision for appointment of "Judges" of the "Court". The "Court" was further empowered

Courts-Not legal Advisers to litigants.

Custodian-Court-Proceedings in inquiry judicial-Evidence Act, application of-Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), S. 23-Custodian's order based on no evidence-Quashed-S. 23, Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949) empowers the Custodian to examine persons on oath.

Which has seen and heard witnesses-Has incalculable advantage in appraising evidence on Appellate Court where statements of witnesses are irreconcilable and selfcontradictory.

Cannot be disturbed by APfiellate Court on mere ground that witness was filaintiff himself or that another witness was shown not to be dis­interested. The conclusion of fact reached by the Subordinate Judge was based primarily on the oral testimony and his estimate of the witnesses who all gave their evidence in his presence. That is an important consideration.