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IRSHAD ALI versus ISLAMIC REPUBLIC OF PAKISTAN


Without reading Section 31, the Medical and Dental Council Regulations, Regulation 37 improper conduct applicant (complainant) to state his case and refer the Inquiry Committee Council report to the case against the Medical Practitioner Removal from the Registered Medical Council Worked in disregard of the rules and regulations in the circumstances and directed the case to proceed according to the rules

1981 C L C 111

[Karachi]

Before Fakhruddin G. Ebrahim and B. G. N. Kazi, JJ

IRSHAD ALI‑Petitioner

versus

ISLAMIC REPUBLIC OF PAKISTAN AND 2 OTHERS‑Respondents

Constitutional Petition No. 1235 of 1974, decided on 9th December, 1979.

(a) Civil Procedure Code (V of 1908)‑

‑‑‑ O. XXIII, r. 1 and S. 11‑Withdrawal of suit‑‑Previous petition with drawn at Katcha Peshi‑Second petition on same subject‑matter, held, does not fall within mischief of principle that no person should be vexed twice for same matter.

Commissioner of Income‑tax v. Ashfaq Ahmad P L D 1973 S C 406 and Hussain Bakhsh v. Settlement Commissioner P L D 1970 S C 1 ref.

(b) Medical Council Ordinance (XXXII of 1962)‑

---S. 31 read With Medical and Dental Council Regulations, Regl. 37 Infamous conduct ‑ Removal of name from Register ‑ Medical Council without inviting petitioner (complainant) to state his case and produce evidence deciding case against a medical practitioner by reference to a report of Enquiry Committee‑Council, held, acted in disregard of Regulations, in circumstances and directed to proceed with case afresh in accordance with Regulations.

S. Riazul Hassan for Petitioner.

Shah Jamil Alam, Deputy Attorney‑General, S. Murtaza Hussain and Khuda Bux Omrani for Respondents.

Dates of hearing: 5th and 9th December, 1979.

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