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MISS HUMAIRA ZAHID versus DISTRICT MAGISTRATE, SHIKARPUR


Article 199 Principal of Natural Justice Maxim: Audi Ultrium Ptem District Magistrate issuing domicile and PRC certificates to the applicants challenging the issue of the said documents before the Commissioner and Commissioner: without notice to the complainant and without notice. If the Magistrate has obtained the petitioner by issuing a notice while misrepresenting the facts, the District Magistrate should proceed for the cancellation of the PRC but the solicitor has not received the request from the District Magistrate personally. If not, go to trial and find evidence in the district Finding PR from Trait should be prosecuted. Conduct CS for false advertising

1981 C L C 909

[Karachi]

Before Muhammad Zaheorul Haq and Saleem Akhtar, JJ

Miss HUMAIRA ZAHID‑Petitioner

versus

DISTRICT MAGISTRATE, SHIKARPUR AND 4 OTHERS‑ Respondents

Constitution Petitions Nos. 1078 and 1079 of 1980, heard on 29th October, 1980.

(a) Constitution of Pakistan (1973)‑------

‑‑ 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.

(b) Constitution of Pakistan (1973)‑‑-----

‑‑ 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.

(c) Constitution of Pakistan (1973)‑-----

‑‑ 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.

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