Syed GHULAMALI SHAH vs Tim DISTRICT MAGISTRATE AND TRIBUNAL, — 1968 PCRLJ 246

Citation: 1968 PCRLJ 246

Court: Sindh High Court

Year: 1969

Decision Date: 1969-06-16

Parties: Syed GHULAMALI SHAH vs Tim DISTRICT MAGISTRATE AND TRIBUNAL, SANGHAR

Headnotes

Case cited as 1968 PCRLJ 246

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel Title:Syed GHULAMALI SHAH vs Tim DISTRICT MAGISTRATE AND TRIBUNAL, SANGHAR Case No.: Criminal Revision No. 35 of 1969 Transfer Application No. 296 of 1956 Date of Judgment:1969-06-16 Reported As: 1970 P Cr. L J 393 Result: Revision dismissed Judgment ORDER Proceedings under section 13 of the West Pakistan Control of Goondas Ordinance, 1959 (hereafter called the said Ordinance) have been instituted against him. Shahdadpur but no final orders have been passed against him. According to the petitioner these proceedings therefore, he filed a revision application under the Ordinance read with section 561-A, Cr. P. C. 1969 the petitioner filed an amended application, which has now come up for hearing before me. 2. The petitioner has appeared in person and advanced only two legal objections to the proceedings instituted against him. These objections are that the said Ordinance is ultra vires of the powers of the Governor and that the Tribunal in Shahdadpur before whom the petitioner has to appear is illegal because there is already another Tribunal under the Ordinance functioning in the District of Shahdadpur.. The provisions of section 19 of the Ordinance state as follows :- "In relation to any such order under section 4, or section 13, or section 16 the High Court may call for the record of the case and if the Tribunal or the Commissioner appears (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed…

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