Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Constitution Petitions Nos. 1078 and 1079 of 1980, heard on 29th October, 1980.
‑‑ Art. 199‑Principle of natural justice‑Maxim: Audi alteram partem‑District Magistrate issuing certificates of domicile and P. R. Cs. to petitioners‑Respondent challenging issue of said docu ments before Commissioner and Commissioner without notice to petitioners and without dealing with merits of case, merely observ ing : District Magistrate could take suo motu action for cancel lation of P. R. Cs. if obtained by misrepresentation of facts‑District Magistrate issuing notice to petitioner but on date of hearing petitioner not appearing personally‑District Magistrate not granting adjournment sought by counsel and proceeding with case‑District Magistrate on evidence before him finding P. R. Cs. based on misrepresentation‑Held: Commissioner made no decision adverse to petitioner nor did District Magistrate decide against petitioner without affording reasonable opportunity of presenting his case.
‑‑ Art. 199‑Principles of natural justice‑Order of stay (issued by High Court) not conveyed to District Magistrate‑District Magistrate cancelling P. R. Cs‑Held, no breach of principles of natural justice committed nor stay order disobeyed.
‑‑ Art. 199‑Writ‑Discretion‑Petitioners party to fraud and mis-representation coming to High Court with unclean hands‑Held, discretion of Court not to be exercised in their favour.
Munnawar Malik for Petitioner.
M. I. Memen, A. A.‑G. Respondents Nos. 1 to 4.
Maqbaol Ahmed Khan for Respondent No. 5.
Date of hearing : 29th October, 1980.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer