Letters Patent

Martial Law Instruction No.113 being not a valid law affording legal cover to the allotment, transfer and disposal of plots in various Development Schemes in Punjab, Policy decision contained in Circular Letter No.SO(D-1l)-HP&EP-2-86, dated 23-12-1986 which was issued, more or less, on the pattern of Martial Law Instruction No.113, was no substitute for the Constitutional requirement of enacting a law by-the Provincial Legislature as contained in Art.173

Alltoments of plots by Chief Ministers of Punjab during the period from 31-12-1985 to 18-7-1993 were without lawful authority and hence ineffective

Need for enacting law to validate genuine allotments, grants and transfers made by various officers and authorities (other to the Chief Ministers) desired by High Court

High Court also suggested measures to be taken by Punjab

Source of judicial power of a Judge of the High Court is clause 26 of the Letters Patent which invests each Judge of the High Court with all those powers which vest in the High Court under the Constitution or the law

High Court Rules and Orders are mere rules of business regulating the practice and the procedure of the High Court laying down the manner in which these powers have to be exercised

Said Rules do not and cannot confer or take away any of the powers which stand vested in the Judge or even add anything to or subtract anything from these powers.

Publication of news reports detrimental to the honour, prestige and image of the nation as well as of the country which could entail disastrous consequences when students from Pakistan Medical Fraternity may find that the doors for their further pursuit in Britain were shut against them only because of the publication of said news and matter was so serious, that if it had happened in any other country then in all probabilities serious action could have been taken against the persons guilty of the act as also against the author of the report oil proof of its being false who would have been visited with serious and stern action

High Court, in the public interest, in exercise of the powers under C1.22, Letters Patent (Lahore) ordered preliminary investigation and summoned the department concerned and the newspapers wherein the said news was published.

Letters Patent Appeal is not in reality a further or independent appeal but is to be regarded merely in the nature of a review by a larger Bench of the same High Court by way of special provision to bring about the final determination 'of the matter by the High Court

Finality attaches to the final decision by Letters Patent Bench under C1.10.

Appellant's N.C.H. Form for allotment of Chaubara above the shop was rejected on ground that appellant failed to deposit arrears of rent and that since property was situated in a commercial area, entire property was indivisible and had to be treated as a shop and thus was entitled to its transfer

Appeal as well as revision of appellant dismissed by forums below

Appellant contended that impugned order was passed against him without notice to him; that appellant was inflicted with discriminatory treatment and that appellant had not been afforded opportunity to show that property was divisible

Contentions raised on behalf of appellant had been adequately dealt with by High Court and rejected and there was no reason to differ with its findings

Conclusions arrived at had consistently been concurred with by Settlement Authority and High Court

Such findings, held, could not be allowed to be questioned m High Court appeal-Order of High Court upheld in circumstances.

Single Judge having discussed evidence of parties and their witnesses at length, Appellate Court found no reason to interfere with his finding

There being no substance in appeal same was dismissed as devoid of merit.

Fitness certificate, grant of-Application for permission to file Letters Patent Appeal-Judge dismissing appeal retired before hearing of application for grant of fitness certificate-Held, fitness certificate could not be granted by any other Judge-Petition dismissed.

S. 98 and Letters Patent (Lahore) cl. 26-Difference of opinion between Judges-Decision of appeal-Jurisdiction of Referee Judge Referee Judge, held, possesses no jurisdiction to decide anything else besides point, subject-matter of difference between dis-enting Judges and whole case or appeal not placed before him.

CI. 10 [as existing before promulgation of Law Reforms Ordinance (XII of 1972)] read with High Court (Lahore) Rules and Orders Vol. V, Chap. 1-A, r. 4-Application for certificate to prefer Letters Patent Appeal-Limitation-Period of thirty days provided for filing of letters Patent Appeal-Held: also period for filing application for grant of certificate to prefer such appeal-Such applications being not such for which no period of limitation provided by relevant law, residuary Article 181 of Limitation Act, 1908 not in terms applicable Limitation Act (IX of 1908), Art. 181.

Constitution of Pakistan (1962), Art. 98 and Civil Procedure Code (V of 1908), O. XX 11, r. 4 -Writ proceedings-Provisions of C. P. C. applicable to such proceedings as well as to proceedings in Letters Patent Appeal arising out of order passed in writ proceedings-Application for substitution of legal heirs of one of several respondents-To be made within prescribed time-All persons affected by order impugned in writ jurisdiction-Necessary parties-Letters Patent (Lahore), cl. 10.

Ss. 61, 62 & 63-Transfer of pending proceedings to High Court-Power can be exercised only in respect of suits or proceedings contemplated under subsection (1) of S. 62-Money suit by Banking Company, in liquidation, instituted in Munsif's Court after promulgation of Ordinance -Cannot be transferred to High Court under S. 62-0fcial Liquidator may bring claim before High Court for adjudication under S. 61 read with S. 63-Remedy specifically provided in S. 63 for trial of such cases exclusively by High Court-Inherent jurisdiction, under Cl. 13, Letters Patent (Cal.), not invocable-Letters Patent (Cal.), Cl. 13.

Letters Patent (Calcutta), Cl. 11-Information in nature of quo warranto is in nature of civil proceedings-Power to grant such information arises in exercise of Ordinary Original Civil Jurisdiction of High Court.