A Court white exercising revisional powers put itself into the position of the Court passing the impugned order and then examines the question and revises the order if need be. However at the same time they also exercise powers as criminal courts. redistributed or derived from. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. [1], According to Section 15 of the CrPc, a judicial magistrate is under the general control of the Sessions Judge and is subordinate to the Chief Judicial Magistrate. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. 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. It is also the final Court of Appeal in matters arising out of cases JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. copyrighted 2023 The Express Tribune. 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schedule II of Code of Criminal Procedure as exclusively triable by the Court of Session i.e. Your email address will not be published. Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.[2]. 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 The provincial government that exercise administrative control over them appoints such officers. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. Read More, B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan (75300), 2023 365 Screening Services. No. [5] Mohd. [4][5], The independence of the Pakistani judiciary has changed over time. This list consists of defense, foreign policy, finance, tourism, etc. The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (P.O. The exams include various compulsory papers. When the Afrikaner-dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position. The court also has appellate jurisdiction over penalties (hudud) arising under Islamic law, although these decisions can be reviewed by the Shariat Appellate Bench of the Supreme Court. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? Afaq Jahan, AIR 2006 SC 705. District magistrate was the head of the magistracy in a district outside the metropolitan area, and Chief Metropolitan Magistrate was the head of the magistracy in the metropolitan area, and they exercise some additional powers. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. A jirga consists of a government official normally a Naib or Naib Tehsildar who works as the president of the Jirga and he is assisted by two other members, which are appointed by the Deputy Commissioner. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. Words to have same meaning as in Pakistan Penal Code. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. , 3 , Chancellors vision about higher education in K-P, Going for early elections is the right course, The deepening global power vacuum after Ukraine war. 365 Screening Services Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. It does not expressly and exhaustively provides for the powers and its extent. Though Gilgit Baltistan declared its independence from Dogra/Maharaja Kashmir on 1 November 1948, that is said to be the independence day of Gilgit Baltistan. As per schedule in the Act of 1964 family courts entertains the disputes of dissolution of marriage, recovery of maintenance of wives and minors, dower, dowery articles, guardian and wards disputes ie custody of minors, recovery of bridal gifts etc. Compunode.com Pvt. THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. The High Court is an appellate Court for all Civil and Criminal matters in the respective province. The minimum age limit is 28 years but the government can relax the age restriction if it wants. to conduct an enquiry. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. In civil jurisdiction these courts entertain the matters under Succession Act, Insolvency Act, suits for government, summary suits pertaining to negotiable instruments etc. There is also provision for appointment of acting judges as well as ad hoc judges in the court. Trial of offences under Penal Code. With regard to my interest in Corporate Laws, I am enthusiastic about exploring the corporate legal world. All power of executive was curtailed by the judicial commission and president has no discretionary power but only to approve the nominees. [2] According to Section 29 of the CrPc., a Judicial Magistrate of First Class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees or of both. [3] Courts of Metropolitan Magistrate - Have the same powers as of Judicial Magistrate of First Class in India The Executive Magistrate is under the control of State Government. According to the Section 11 of the 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. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. In Appointments to the High Courts, the same procedure as in Supreme Courts appointments is adopted Prior to 18th Constitutional Amendment, High Court appointments suffered much the same criticisms as those to the Supreme Court. 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. District judiciary or district courts exist in every district of each province, and have civil and criminal jurisdiction ordinarily governed by Civil Procedure Code,1908 for civil cases and by Code of Criminal Procedure in criminal cases. Besides, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters. However, following the Supreme Court's judgement in the Al-Jehad Trust case, the government's role in judicial appointments was curtailed. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. In CBI v. State of Rajasthan & ors. 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. 3. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. Power to delegate. As a law student, I indeed have a fascination with legal research and legal writing. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. 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. [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. 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). Civil Courts: All Civil Courts are subordinate to the High Court and subject to the general superintence and control of the High Court; the District Judge has control over all Civil Courts within the local limits of his jurisdiction. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. Whereas the judiciary used to defer to the Pakistani military, which is a dominant actor in Pakistan's politics, the judiciary has increasingly competed with and confronted the military.[6]. Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. [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. Basically, efforts were being made to replace the current judicial system with the system of Qazi and Majlis e Shura as it was practiced in the early day of Islam. The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. Federal list, Provincial List, and Concurrent List. What are the powers of Judicial Magistrate of First Class? As we made it easy to get their documents notarized and attested from First Class magistrate uses for various prospects in Pakistan & for living aboard. )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) Dispatch from Washington: Are Pompeos Comments on Ghani Fair? The order of Magistrate has necessarily to indicate the application of mind.[6]. Magistrates in group A category status with judicial powers are known as first-class magistrates. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. This system bred many allegations of favoritism. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary.
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