Jurisdiction of Courts and Forum of appeal is burning Question?
(Shah Nawaz Bokhari, Rawalpindi)
It is difficult to judge at once. In modern ear the thousands of cases and courts establish in Pakistan it is difficult to judge jurisdiction in prima facie case. A wise advocate is always relied upon searching methodology and conversely, normal advocate rely upon imagination or approximately. In my sense, the 50% percent case has been decided on first hearing. The question of Jurisdiction much rise at the earliest opportunity. If you select wrong forum it will create bad impact upon litigants. Moreover, the litigants have been suffered due to lack of knowledge.
Civil Suit’s, Criminal Case, Appeal, Petition and application Forum
Civil suits, Application: Normally, file in District courts i.e in the Court of magistrate
Family suits includes (maintenance, dower or divorce/ Decree of Khula) cases: District Court i.e. before the Family Judge
Review Petitions : Same Court (which the final decision has came)
Criminal Matters (after FIR): Court of Magistrate
Complaint cases: Before the Magistrate
Forum of Appeal in (criminal or civil cases): Session Judge or Court of Session
Rent Application : (Rent Premises Act-2009) Rent Tribunal respective Districts or of the province
Employee of All Universities :
“If Department Appeal provide in statute to file before the Rector of the University or Chancellor” First Four of Appeal in Labour Court then file respective in High Court’s
NAB cases petition/ Applications :
(Within 60 days to decide petition) Intra Court Appeal (ICA) in respective High Courts
All Constitutional Petitions Filed in the respective High Courts
All the Islamic matters carry in FSC
(Aurat March which has been held on 08th March every year
Last filed petition in 2020 IHC to prohibit the Women March but IHC reject the pea of the petitioners.) Reasoning to refused: High Court is constitutional Jurisdiction Filed in the “Federal Shariat Court”, Islamabad
Service matters of Civil Servants
“Some cases i.e, Service Up-gradation and promotion may hear by High courts” File appeal in Federal Service Tribunal or Punjab Service Tribunal or respective province
Employees of Police Department
“Public Servants” Filed petitions in High Court of the respective Province
Employee of Workers welfare: Labour Court of respective district or province
Election Appeal/ Application: Election tribunal in respective province