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KARIM BAKHSH versus CENTRAL GOVERNMENT


Article 199 Written jurisdiction is a controversial question of fact, while using the constitutional jurisdiction generally does not entail controversial questions in fact [Question of fact]

1981 C L C 1403

[Lahore]

Before Aftab Farrukh, J

KARIM BAKHSH AND 6 OTHERS‑Petitioners

versus

CENTRAL GOVERNMENT AND 6 OTHERS‑‑Respondents

Civil Miscellaneous No. 6012 in Writ Petition No. 666‑R of 1980, decided on 13th October, 1980.

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

‑‑‑ Art. 199‑‑Writ jurisdiction‑Disputed question of fact‑Held High Court while exercising constitutional jurisdiction normally does not, enter upon disputed questions of fact.‑[Question of fact].

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

‑‑ Art. 199 (a) (ii)‑Lawful authority ‑Court/authority having jurisdiction to decide a question, held, has jurisdiction to decide rightly or wrongly both in fact and law.‑[Jurisdiction].

Nawab Syed Raunaq Ali's case P L D 1973 S C 236 ref.

Ahmad Nawaz Khan Qaisarani for Appellants.

ORDER OF REFERENCE

The learned counsel for the petitioner does not wish to press this application in view of the observations having been made during the course of hearing of the writ petition clearly indicating that the writ petition is being dismissed and in fact ultimately dismissed.

Disposed of accordingly.

Sardar Altaf Hussain Khan for Petitioners.

M. Parvez Akhtar for Respondents Nos. 1 to 4.

Islam Ali Qureshi for Respondent No. 5.

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