Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. Many judges who were appointed were relatives of other Judges or Government officials. [1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise [2] provided for. It is also the final Court of Appeal in matters arising out of cases decided by the High Courts, and in this capacity, it replaces the Judicial Committee of the Privy Council, sitting in London. 3. PHOTO: APP/FILE. The power under section 156(3) of the Code can be exercised by the Magistrate even before he takes the cognizance provided that the complaint discloses the commission of a cognizable offence. What are the powers of Judicial Magistrate of First Class? Qazi courts were established in KPK and Baluchistan provinces to provide speedy legal remedies but this idea could not be implemented on a national level. 5. 27. The court of the district and sessions judge usually hears administrative applications against lower courts orders. In civil capacity in the province of Sindh and Balochistan as a civil judge these courts have jurisdiction to entertain the claims of third-class suits having a pecuniary limit up to fifty thousand rupees. A Court of Session comprises of Sessions Judge and Additional Sessions Judge. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. In a notification, the electoral body said it has instead given the powers of first class magistrate in at least three polling stations to election officials who will be serving as in A Magistrate is empowered to make any order either in case of nuisance or apprehended danger where such nuisance or danger causes disturbance to public tranquillity or leads to riots or affray. The superior judiciary is composed of the Supreme The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. [16] Similar complained of more serious nature was made in November 2020 by Dr Sajida Ahmed Chaudhry, Additional District and Sessions Judge Fathejang complained to Chief Justice of Pakistan through open letter against culture of continued intimidating disrespect, harassment and threats of judges and women judges by Pakistani 'male' lawyer fraternity and bar associations. Civil Judge Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. The revenue courts may be classified as the Board of Revenue, the Commissioner, the Collector, the Assistant Collector of the First Grade and Second Grade. Save my name, email, and website in this browser for the next time I comment. A netpreneur, blogger and above all; A Human :) Asad tweets from @aghaasadharoon, Power,gas uninterrupted supply across Pakistan on polling day, MUZAFFARGARH: Election for PP-254 postponed due to death of Tehrike-Tahaffuze-Pakistans candidate Mahar Mushtaq Khatira, Major emitters must assist global clean energy transition: Sherry Rehman, President Arif Alvi stresses collective efforts to resolve economic issues, Four terrorists were killed by forces in Hoshab, FM Bilawal felicitates Dr. Bimala Rai Paudyal on becoming Nepals FM, President for realizing the full potential of Pak-China bilateral trade, PM Shahbaz Sharif urges Narendra Modi to have serious talks on Kashmir, Three names forwarded to Governor for Punjab Caretaker CM. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. In magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. KARACHI: The Election Commission of Pakistan (ECP) has authorised the presiding officers, appointed for each polling station for the local government elections in Sindh, to exercise powers of first-class magistrate under the Code of Criminal Procedure, 1898 (Act V of 1898). The federal power list refers to a list of areas/subjects on which the central government would exercise its authority. The Court structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. The exams include various compulsory papers. The decisions of the court are binding on the high courts as well as the subordinate judiciary. Besides, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. Director General of Autonomous Federal This court takes first cognizance of all offences of local laws, disposes of unclaimed properties or the movable properties suspected to be stolen. Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. WHEN it comes to press freedom, the arrest of journalist Shahid Aslam highlights the weaknesses in our democracy and KP Assembly dissolved as governor approves CM Mahmoods summary, Sindh LG polls: Imran says manipulated elections will aggravate polarisation, anarchy, Bajwa data leak: Islamabad court grants bail to journalist Shahid Aslam, 60 , . [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. [3], Courts of Judicial Magistrate of First Class, Courts of judicial magistrate of first class, Courts of judicial magistrate of second class, National Judicial Appointments Commission, List of sitting judges of the Supreme Court, List of former judges of the Supreme Court, List of female judges of the Supreme Court, Courts of Judicial Magistrate of Second Class, https://en.wikipedia.org/w/index.php?title=Courts_of_Judicial_Magistrate_of_First_Class&oldid=1111089414, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 19 September 2022, at 07:18. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. Civil and Family Appeals and Civil Revisions against the Judgements and orders of courts of senior civil judges, civil judges, rent controllers, and family courts are entertained by the court of district judge which transfers the same to additional district judges as well. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. It has a number of de jure powers which are outlined in the constitution, including appellate and constitutional jurisdiction, and suo moto power to try human rights matters. In each district headquarters, there are a number of courts of additional district and sessions judges having same judicial powers like the court of district and sessions judge, including trial for offences shown in schedule II of Code of Criminal Procedure as exclusively triable by the Court of Session i.e. Section 156(3) attempts to define powers briefly. All final decisions are appealable before the court of district judge while interim orders are not appealable but are challenged before high court through the constitutional jurisdiction. According to Article 277 all existing laws shall be brought in conformity with the Injunctions of Islam and Chapter 3-A pertains to the functions and organization of Federal Shariah Court. All Magistrates are subordinate to the Sessions Judge of their respective division. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. It does not expressly and exhaustively provides for the powers and its extent. Ltd. (www.compunode.com).Designed for Dawn. It was held in the Kanak Singh v. Balabhadra Singh,[3] that very fact that the Magistrate passed the order for investigation under the sub-section without examining the complainant by itself is sufficient to hold that the Magistrate has not taken cognizance of the offence but the order was held not to be illegal and that the High Court could not prevent the police from investigating the offence under section 482. EVEN at the best of times, it is not easy to access quality public healthcare in Sindh. This section does not deal with cases of the ordinary public nuisance but the cases where the urgency demands setting aside all the formalities to the making of an order. Federal Shariah Court: Federal Sharaih Courts have been established to examine and decide the question whether or not any provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Quran and Sunnah of the Prophet (peace be upon him). Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. 365 Screening is one of the specialized premier registered firm to provide Background Screening and all types of Academic Documents Verification & Attestation for WES, IQAS, ICAS, CES, ICES, MCC & PEBC Canadian Educational Credentials Assessment (ECA) Agencies and provides associated online account registration and payment through Credit Card facility in Pakistan. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. 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[4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. If the Magistrate on an application under Section 156(3) Cr.P.C. What are the powers of the Executive magistrate under Cr.P.C.? Trial of offences against other laws. Afaq Jahan, AIR 2006 SC 705. In Sindh province, the appointments are made on the backdrop of a test conducted by National testing service (NTS) which is primarily based on English language and General knowledge. An investigation is done post FIR. There is no merit system for selection of Judges to higher Judiciary. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. The Election Commission of Pakistan (ECP) clarified on Tuesday that it had not given the powers of first class magistratetoarmy soldiers posted at the polling stations for the upcoming general elections. Civil Courts in Pakistan are established by the respective province under different laws titled the Civil Courts Ordinance 1962 which recognizes the following main classes of Civil Courts: Criminal Courts: The Criminal procedure in Pakistan is laid down in the Code of Criminal Procedure 1868, whereas the substantive law about definition about a crime and its punishment is found in Pakistan Penal Code 1860. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. The Classification, the appointment, the duties, the functions, the powers, control, the subordination, the supervision are all discussed briefly. Judicial magistrate second class. With regard to my interest in Corporate Laws, I am enthusiastic about exploring the corporate legal world. Officers of the rank of Captains (within 3 to 6 years' service) and equivalents from defense services are also inducted (in three occupational groups; P.A.S, Police and Foreign Services) on allocated quota after recommendations of Chairman Federal Public Service Commission. It was held in the, Power of Magistrate to order Registration of Case and Investigation, Union of India v. Prakash P. Hinduja and another, However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. There is also provision for appointment of acting judges as well as ad hoc judges in the court. The Jirga system was enacted in KPK through an Act of Parliament in 1977, because it was felt that there must be a separate local body for adjudication of disputes on special matters which are relevant to a specific area. 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