| Case ID |
10b05661-982b-4d54-a326-6fa4a359423c |
| Body |
View case body. Login to View |
| Case Number |
|
| Decision Date |
Jan 14, 1993 |
| Hearing Date |
Jan 14, 1993 |
| Decision |
In this case, the Supreme Court of Azad Jammu and Kashmir addressed the appeal regarding an interim order passed by a Single Judge of the High Court. The case was initially entrusted to a Division Bench, and the Court found that the interim order was not sustainable as it was passed by a Single Judge. The Court emphasized that when a case is assigned to a Division Bench, only that Bench has the authority to make decisions regarding the case, including any interim orders. Consequently, the appeal was accepted, and the interim order was vacated, underscoring the importance of procedural adherence within the judicial framework. |
| Summary |
The case revolves around the procedural dynamics of the Supreme Court of Azad Jammu and Kashmir, particularly focusing on the authority of the Division Bench versus a Single Judge. The Court ruled that an interim order made by a Single Judge in a case assigned to a Division Bench was invalid, reinforcing the significance of proper judicial processes. The decision illustrates how the High Court's procedural rules must be strictly followed to ensure judicial integrity and avoid any orders being considered coram non judice. This case is pivotal for understanding the jurisdictional boundaries within the High Court and the procedural requirements that govern appeals and interim relief. The ruling highlights the necessity for cases to be heard by the designated Bench as per the Chief Justice's directives, ensuring that the powers of the High Court are exercised appropriately. Understanding these legal principles is crucial for legal practitioners, as it sets a precedent for future cases involving procedural disputes and the scope of judicial authority within the Azad Jammu and Kashmir legal system. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Ashraf Khan,
Basharat Ahmad Shaikh
|
| Lawyers |
Raja Muhammad Hanif Khan,
Ch. Fazal-e-Hussain
|
| Petitioners |
Azad Government of the State of J&K
|
| Respondents |
Brig. (Rtd.) Muhammad Aslam Khan
|
| Citations |
1993 SLD 1842,
1993 CLC 1006
|
| Other Citations |
PLD 1978 SC (AJ&K) 80,
PLD 1975 SC 678
|
| Laws Involved |
Azad Jammu and Kashmir Courts and Laws Code, 1949,
Azad Jammu and Kashmir High Court Procedure Rules, 1984
|
| Sections |
24,
8
|