High Court Establishment
High Court Establishment legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Powers of Chief Justice of High Court extend only to assign cases to different Benches by fixing/assigning roster and to allocate class of particular cases to a Bench and to -constitute Benches
Such power would be deemed to be administrative power
Power to transfer individual case vests with the Supreme Court only, and that too, with regard to transfer of case from one particular High Court to another High Court
Chief Justice of High Court was, thus not judicially empowered nor has any superior authority vested ill him to transfer individual case from one Bench which was lawfully seized of it according to roster and was hearing the same judicially, to another Bench of the same High Court at the instance of one of the parties
Application presented to Chief Justice by petitioner for transfer of his case from one Judge of the High Court to another Judge of the same High Court was, thus not maintainable and same would merit dismissal.
Art. 9-Transfer of cases from one High Court to another-Transfer sought from High Court S to High Court L-Question whether High Court S had jurisdiction in the matter or not-To be agitated first before that High Court-Petitioner advised to approach Supreme Court only on adverse decision given by High Court S.
High Courts (Establishment) Order [P. O. No. 8 of 1970], S. 9-Territory (in which subject-matter of suit situated) transferred to Province of Punjab on eve of dissolution of Province of West Pakistan-Appellant seeking transfer of appeal to Lahore High Court on plea that in Lahore High Court she could invoke aid of Punjab Pre-emption Act, 1913 in support of her claim which she could not do before High Court of Sind-Held, appellant could raise such plea even before the High Court of Sind-Transfer refused by Supreme Court.
High Court's (Establishment) Order (P. O. No. 8 of 1970), S. 90 Transfer of proceeding for disposal to another Court-Two writ petitions on identical grounds filed in two different High Courts (one at Peshawar and another at Lahore)-Possibility of conflict in decisions-Petition pending at Peshawar ordered by Supreme Court to be transferred to Lahore for disposal by Lahore High Court along with petition already pending before it-Constitution of Pakistan (1962), Art. 98.
"High Court Establishment", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/2690
Precedents & Case Laws citing "High Court Establishment"
2011 P L C (C
SHAHNAWAZ BALOCH and 23 others Versus Kazi MUHAMMAD TAQI and another
Court: Sindh High CourtP L D 1977 Supreme Court I
MIR HASSAN-Petitioner Versus TARIQ SAEED AND 2 others -Respondents
Court:1992 P L C (C
PROVINCE OF PUNJAB Versus MUBARAK ALI KHAN and others
Court: Lahore High Court1999 P L C (C
MANZOOR HUSSAIN and 2 others Versus MUHAMMAD ASHRAF and another
Court: Karachi High Court1992 P L C (C
Khawaja GHULAM AHMAD Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR
Court: High Court2013 P L C (C
TANVIR REHMAT MALIK Versus REGISTRAR, LAHORE HIGH COURT, LAHORE
Court: Lahore High CourtP L D 1992 Lahore 527
MUHAMMAD YAQUB BUTT, ADDITIONAL REGISTRAR, LAHORE HIGH COURT‑‑Petitioner Versus GOVERNMENT OF THE PUNJAB through Chief Secretary and another Respondents
Court:2025 P L C (C
REGISTRAR HIGH COURT OF BALOCHISTAN, QUETTA Versus GOVERNMENT OF BALOCHISTAN through Chief Secretary, Quetta and others
Court: Balochistan High CourtP L D 1981 Lahore 480
ABDUL KHALIQ — Petitioner Versus MUHAMMAD AFSAR AND 3 Others-Respondents
Court: -- Arts. 175 & 192 and Provisional Constitution Order, 1981, Arts. 2, 6 & 15 read with High Court (Establishment) Order, 1970 President's Order No. 8 of 1970, Art. 3 (A), (B) & (C) as amended by High Court (Establishment) Order (Punjab Amendment) Ordinance (I of 1981)-Interpretation of statutes-Transfer of cases from one Division Bench to other-Jurisdiction-Benches established at different places by virtue of Art. 3(A) of High Court (Establishment) Order, 1970 and mentioned as `Revisional Courts'-Not falling within definition of "High Court" mentioned in Arts. 175 & 192 of Constitution-Power to transfer cases from one Bench to other or to Principal Seat cannot be spelt out to vest in Supreme CourtChief Justice, held, continues to enjoy such powers of transfer of cases when he deems necessary to do so.-Interpretation of statutes.P L D 1992 Lahore 215
Ch. MUHAMMAD SIDDIQUE‑‑Petitioner Versus ZULFIQAR A14MAD and 2 others‑‑Respondents
Court: ‑‑‑‑ Art. 3 as amended by High Courts (Establishment) Order (Punjab (Amendment) Ordinance, Q of 1981) ‑‑‑ Petitioner sought permission to file, at the principal Seat of Lahore High Court, a petition under S.561‑A, Cr.P.C. for quashing of proceedings in a criminal complaint instituted by complainant against him in the Court of a Magistrate at Kehror Pacca, District Lodhran‑‑ No exceptional circumstances existed for which the Multan Bench should not have been permitted to hear the petition intended to be riled by the petitioner ‑‑‑ All parties are equal before law as laid down in Art.25 of the Constitution ‑‑‑ Complaint filed by the complainant against petitioner at that stage could not be said to be devoid of substance and he could not, therefore, be forced to come to Lahore to defend the proceedings to be initiated by the petitioner because at the moment nothing could be said about success or failure of those proceedings also‑‑‑Petitioner was not allowed to file his petition at Lahore in circumstances.