Case ID |
1f6ef490-953f-45be-a1c8-79e5d7d73441 |
Body |
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Case Number |
Intra-Court Appeal No. 1 of 2014 |
Decision Date |
Jan 20, 2014 |
Hearing Date |
|
Decision |
The intra-court appeal was dismissed on the grounds of maintainability. The court held that the petitioner had previously availed the remedy of appeal with the concerned department before filing the constitutional petition. As per the provisions of the Law Reforms Ordinance, the appeal was not maintainable since there existed a statutory remedy available to the petitioner. Therefore, the appeal was dismissed in limine. |
Summary |
In the Lahore High Court case of Intra-Court Appeal No. 1 of 2014, the petitioner, ANWAR-UL-HAQ SHAHID BARI, challenged the maintainability of an intra-court appeal regarding emoluments and pensionary benefits after filing a constitutional petition. The court ruled that the petitioner had already pursued an appeal with the Local Government, thus rendering the intra-court appeal inadmissible. The decision emphasized the importance of exhausting available remedies before approaching higher courts, aligning with the provisions of the Law Reforms Ordinance, 1972. This case highlights the procedural requirements in administrative law and the significance of following statutory processes for appeals in local government matters. |
Court |
Lahore High Court
|
Entities Involved |
Not available
|
Judges |
ALTAF IBRAHIM QURESHI,
SADAQAT ALI KHAN
|
Lawyers |
Jamshaid Akhtar Khokhar,
Saeed Ahmad Choudhary
|
Petitioners |
ANWAR-UL-HAQ SHAHID BARI
|
Respondents |
others,
T.M.A.
|
Citations |
2014 SLD 302,
2014 PLC 1125
|
Other Citations |
Not available
|
Laws Involved |
Law Reforms Ordinance,
Punjab Local Government Ordinance
|
Sections |
3(2),
190
|