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POWERS AND JURISDICTION OF ALL COURTS IN PAKISTAN

 

پاکستان کی تمام عدالتوں کا اختیار سماعت:




SUPREME COURT:

1. Art 184(1) Original jurisdiction in inter-governmental disputes, issues declaratory judgments; 

2.Art 184(3) Enforcement of Fundamental Rights involving an issue of public importance;

3. Art 185(2) Appeal from judgment/order of High Court in criminal cases, tried in original and/or appellate capacity and having imposed death penalty or life imprisonment;

4. Art 185(2) Appeal in civil cases when the value of claim exceeds fifty thousand rupees;

5. Art 185(2) Appeal when High Court certifies that the case involves interpretation of the Constitution;

6. Art 185(3) Appeal (subject to grant of leave) from High Court judgment/order;

7. Art 186 Advisory jurisdiction on any question of law involving public importance referred by the President;

8. Art 187 To issue directions/orders for doing complete justice in a pending case/matter;

9. Art 188 To review any of its own judgment/order;

10. Art 204 To punish for its contempt;

11. Art 212 Appeal from Administrative courts/tribunals; and

12. Art 203F Its Shariat Appellate Bench hears appeals from judgments/orders of Federal Shariat Court.

 

FEDERAL SHARIAT COURT:

1. Art 203-D To determine whether a provision of law is repugnant to the Injunctions of Islam;

2. Art 203 DD Revisional Jurisdiction in cases under Hudood laws;

3. Art 203 E To review its judgment/order;

4. Art 203 E To punish for its contempt; and

5. Under Hudood laws, hears appeals from judgment/order of criminal courts.

 

HIGH COURT:

1. Art 199(1) to issue 5 writs namely mandamus, prohibition, certiorari, habeas corpus and quo warranto;

2. Art 199(2) Enforcement of Fundamental Rights;

3. Art 203: To supervise/control subordinate courts;

4. Art 204: To punish for its contempt;

5. To hear appeal under S.100 of CPC;

6. To decide reference under S.100 of CPC;

7. Power of review under S.114 of CPC;

8. Power of revision under S.115 of CPC;

9. Appeals under S.410 of Cr.P.C;

10. Appeals against acquittal under S.411-A(2) of Cr.P.C

11. Appeals against judgment/decree/order of tribunals under special laws;

12. To issue directions of the nature of habeas corpus under S.491 of Cr.P.C;

13. Power of revision under S.439 Cr.P.C

14. Hedge Inter-Court appeal at Lahore High Court and High Court of Sindh,

 

 

DISTRICT & SESSIONS JUDGE/ADDL. DISTT. & SESSIONS JUDGE:

1. Appeal against judgment/decree of a Civil Judge under S.96 of CPC;

2. Appeal against order under S.104 of CPC;

3. Power of revision under S.115 of CPC;

4. Original jurisdiction in suits upon bills of exchange, hundies or promissory notes under Order XXXVII of CPC;

5. Murder trial under S.265 of the Cr.P.C;

6. Criminal trial under Hudood laws;

7. Appeals under S.408 of Cr.P.C;

8. Power of revision under S.439-A of Cr.P.C;

9. To issue directions of the nature of habeas corpus under S.491 of Cr.P.C; and

10. Decides pre-arrest bail applications under S 498 of the Cr. PC.

11. Being An ex-officio Justice of the Peace may issue appropriate directions to the police authorities concerened on a complaint regarding (i) non-registration of a criminal case; (ii) transfer of investigation from one police officer to another; and (iii) neglect, failure or excess committed by a police authority in relation to its functions and duties.

 

CIVIL JUDGE 1ST CLASS: (Senior Civil Judge)

1. To try all civil suits, there is no pecuniary limit on its jurisdiction;

2. In certain jurisdictions also designated as Rent Controller,

3. In certain jurisdictions also designated as Judge, Family Court,

 

CIVIL JUDGE 2ND CLASS:

1. To try civil suit up to the value of Rs. 50,000,000/- ( Rs. 50- Million) ; and

2. In certain jurisdictions designated as Rent Controller/Judge, Family Court.

 

CIVIL JUDGE 3RD CLASS:

To try civil suit up to the value of Rs. 10,00,000/- ( Rs. 1-Million)

 

 

MAGISTRATE 1ST CLASS:

1-To try offences punishable up to 3 years imprisonment and forty-five thousand rupees fine.

2- As Mobile Court under S. 12 Cr.P.C

3- As Judicial Magistrate under S 14 Cr.P.C As Area Magistrate to handle

i- Remands

ii- Discharge Reports etc.

 

 

MAGISTRATE 2ND CLASS:

To try offences punishable up to 1 year. Fifteen thousand rupees fine.

 

MAGISTRATE 3RD CLASS:

Can award one month Imprisonment and three thousand rupees fine.

 

Magistrate (class 1) empowered under S.30 of Cr.P.C.

To try All offences not punishable with death.

But can't pass a sentence of death or imprisonment exceeding 7 years.

 

·      (Magistrate under section 526 CrPC, can transfer cases to session court, where punishment is more than three years.)

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