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MUHAMMAD ZIA versus CH. NAZIR MUHAMMAD, ADVOCATE


Electricity Act 1910 Section 24 Civil Procedure Code (v. 1908), Section 35A Constitution of Pakistan (1973), Article 199 Law Reform Ordinance (XII of 1972), Section 3 Constitution Petition Orders to impose special expenditures on the supply of electricity Was ordered to be. The appellate authority considered the consumer under section 24 of the Electricity Act, 1910 without prior notice, the High Court directed the user to restore the power supply and the expenditure on the authority paying the consumer authority in the intra-court 10,000 as Rs. The appeal challenged only part of the High Court order which claimed that special costs could be imposed only as fines under Section 35A, CPC, but not the Department of Electricity Act. Disconnect the power supply without complying with the mandatory requirements of 24. In 1910, unnecessarily dragging consumers into litigation, it was a clear violation of the rights of the user who exercised the extraordinary constitutional jurisdiction of the High Court without any basis and authority. The provisions of Section 35A, CPC did not in any way restrict the constitutional jurisdiction of the High Court and to impose court costs in appropriate cases, to prevent justice and to prevent the misuse or abuse of powers by public workers. Can do.

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