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MUHAMMAD AZIZ KHAN versus MUHAMMAD FAZIL


The issue of disqualification of a High Court Judge to hear an appeal under Article 42 of the Azad Jammu and Kashmir Interim Constitution Act 1974 was that of a High Court Judge who acted as a lawyer on behalf of the Opposition before the Revenue Commissioner in the first case. Yes, was disqualified from hearing the case. The judge acted as a lawyer for the party who was a pharma respondent in the current litigation and was not active in the case. The judge appeared only ten years ago as a lawyer in the case of measles kidney. The court, which appears in the Revenue, will not disqualify him. The party did not bring in the notice of the judge that he should not hear the case and as soon as the case was decided against the party, he asked the judge to hear the case related to the disqualification. Did not apply the principle of Things, speculation in the circumstances

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