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MIR PIO JAN versus DISTRICT JUDGE, BANNU


Sections 3 and 17 North-West Frontier Province Public Property (Elimination of Barriers) Rules, 1981, R4 (2) Constitution of Pakistan (1973), Article 199 of the NWFP Public Property (Elimination of Barriers) Act 1977 Frustrated by the notice of eviction, the applicant filed a case before the Tribunal, which was dismissed on the ground that the applicant had neglected to apply for a review provided under Act V of 1977. , Following Nur Muhammad's full bench ruling, litigation was ineligible. The case, reported as PLL 1988 Pres. 88, held that the tribunal should have dealt with a case unaware of the fact that a review application was filed and that it should have decided the case according to law. The Tribunal, therefore, failed to exercise jurisdiction which had such authority under the High Court in the Constitution. Jurisdiction to detect tribunal, remanded case to be dealt with according to law

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