High Court

Any contrary decision given by the subsequent Bench of equal strength of High Court in ignorance of the terms of statute, binding precedent of Supreme Court, or previous decision of Bench of equal strength/Benches of coordinate jurisdiction of the same Court, would be a judgement per incuriam and without any precedential value.

High Court while exercising jurisdiction under Financial Institutions (Recovery of Finances) Ordinance, 2001, adjudicate upon civil rights and liabilities of parties and it may be termed as special jurisdiction

High Court possesses all attributes of original civil jurisdiction but under Financial Institutions (Recovery of Finances) Ordinance, 2001, it does not exercise ordinary original civil jurisdiction conferred by C.P.C.

While exercising the power of judicial review, the court was hardly concerned with good or bad aspects of the legislative instrument rather the prime, paramount and pivotal consideration (of the court) was the constitutionality of the statute

Court had to ensure and remain satisfied that any of the provisions of the enactment was not violative of the Constitution.

High Court in administrative matters cannot change/alter the mandate of law/rules and regulations.

Concept of High Court's original civil jurisdiction elaborated.

Claim in respect of ouster of power of the High Court in respect of any matter or subject available to it under the Code of Civil Procedure or Criminal Procedure Code cannot be lightly accepted, unless there is a clear, definite and positive provision ousting the jurisdiction

Express words or clear intendment or necessary implication are required to take away the jurisdiction of High Court or any superior Court.

Genesis and basis of such authority traced.

Types of jurisdiction invested.-[Jurisdiction]. The High Court in the present context of legislation has been invested with various types of jurisdictions. The jurisdiction conferred upon it under the Constitution is called the "Constitutional jurisdiction". The High Court has the "extraordinary civil jurisdiction" under which it transfers to itself for trial any case of civil nature pending before a subordinate Court. Then there is the jurisdiction of the High Court conferred under various statutes, for example, the jurisdiction under the Companies Act, 1913 under the Insurance Act and jurisdiction as was vested in it under section 21 of the Displaced Persons (Land Settlement) Act, 1958. Such type of jurisdictions are termed as "statutory jurisdictions".

Ss. 366 & 369-High Court-Power to rehear after passing oral orders-Order pronounced orally in light of provisions of Ss. 366 & 369, held, no bar to rehearing of case by High Court before actual signing and sealing of order.

[Judgment-Review].

Appellate jurisdiction-Appeal before High Court not confined to any particular point and vires of decision of civil Court ascertaining entitlement of persons to compensation called in question-High Court having to consider each and every aspect of matter in order to come to a right and just conclusion, its order for surrender of compensation received by petitioners, held, just and proper.

Civil jurisdiction-High Court in disposing of a Constitutional petition wider Art. 199 of Constitution (1973)-Does not pass orders in exercise of its original civil jurisdiction-Constitution of Pakistan (1973), Art. 199.

Practice-Mere grant of leave by Supreme Court against judgment passed by High Court-Cannot preclude High Court from referring to such judgment-Criminal trial.

Practice-Division Bench cannot dissent from view taken by an earlierDivision Bench unless it be contrary to judgment of Supreme Court or it be per in curiam-Later Division Bench acting in ignorance of its own previous decision or that of a Court of co-ordinate jurisdiction-Subsequent Court may decide as to which of two decisions it should follow.

High Court High Court Judges, appointment of-Press and public-Not to arrogate to themselves right of commenting as to suitability or otherwise of Judge.

(b) Practice-High Court-High Court will be slow in disturbing finding of fact and shall give proper weight to views of trial Judge as to credibility of witnesses.

High Court-Civil proceeding-High Court though it exercises civil jurisdiction is not a "Civil Court"-Nevertheless provisions of C. P. C. apply to High Court.

S. 7High Court-Admiralty jurisdiction of-Extends to inland water ways of rivers.

Income-tax-High Court - Writ petition after preferring appeal-Interference-Constitution of India, Art. 226.

High Court-Writ petitions-Power to review orders to prevent miscarriage of justice-Constitution of India, Art. 226.

-High Court-Reference to larger Bench-Proper only when conflict of decisions in same High Court or in High Courts of same state.

High Court High Court-No power to review own judgments in criminal cases except to correct clerical errors or as provided specifically by law.High Court-Chief Justice's administrative order-Not open to scrutiny by High Court though its sanctity be not same as of a judicial order.

High Court -Practice-Judgment of Judge cannot be modified by other Judge. A judgment of a single judge of High Court sitting as a Revisional Court is a judgment of the High Court and n other judge or Bench of judges of this Court has power to modify such judgment. The judicial powers of the Chief justice are not greater than or different from but are exactly the same as those of any other judge of the High Court.

Being friend of a party, does not make the Judge a party interested in the cause and therefore disqualified - to be a Judge In the cause.