powers of first class magistrate in pakistan

Notary Public & First Class Magistrate Attestation Service in Pakistan. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. 365 Screening Services [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. As per constitution of Pakistan,they are being governed by Government of Pakistan on interim basis. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. Required fields are marked *. Compunode.com Pvt. Powered by Techzal.com. The law is applicable to the whole of Pakistan. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. This material may not be published, broadcast, rewritten, Save my name, email, and website in this browser for the next time I comment. No. High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. There is also provision for appointment of acting judges as well as ad hoc judges in the court. 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. Regardless of who emerges as the winner in Karachi, it is clear that the task for the new mayor of the megacity will be gargantuan. Trial of offences under Penal Code. [20] 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. The Supreme Court Judges are supervised by the Supreme Judicial Council.[1]. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (P.O. The court appoints its own staff and frames its own rules of procedure. [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. A notification issued by the ECP on Tuesday said the powers had been granted under Section 86A to in-charge officers of the armed forces of an area deployed for providing security inside and outside polling stations on the polling day. A Court of Session comprises of Sessions Judge and Additional Sessions Judge. The minimum age limit is 28 years but the government can relax the age restriction if it wants. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. "Pakistani Women Are Leading the Struggle for Human Rights ", In May 2018 some Pakistani Judges complained of harassment and threats to Judges by Pakistani 'male' lawyer fraternity and bar associations. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. Courts of Judicial Magistrate of First Class. Power to delegate. EVEN at the best of times, it is not easy to access quality public healthcare in Sindh. Command the dispersal of any unlawful assembly. 5. The attestation of the legal documents by the first class magistrate is usually required for visa processing as well as divorce related issues and other legal activities. This court takes first cognizance of all offences of local laws, disposes of unclaimed properties or the movable properties suspected to be stolen. Power of Magistrate to Order Registration of Case and Investigation Many judges who were appointed were relatives of other Judges or Government officials. 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. The Supreme Court (KAS), established in 1956,[8] is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The age limit for the high court judge is minimum 45 years. CIVIL JUDGE 2ND CLASS 1. copyrighted 2023 The Express Tribune. powers') of a Magistrate' 'Subordinate Magistrate, first class', and 'Subordinate Magistrate second class', defined in the Pakistan Penal Code, and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by the Code. [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. According to the Section 11 of the There is no merit system for selection of Judges to higher Judiciary. The subordinate judiciary consists of civil and criminal district courts, and numerous specialized courts covering banking, insurance, customs and excise, smuggling, drugs, terrorism, taxation, the environment, consumer protection, and corruption. The law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. The parties can be represented and defended by legal practitioners in cases before the Jirga. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. CONSTITUTION AND POWERS OF CRIMINAL COURTS. The lame-duck administration is unable to take the tough decisions needed. The federal power list refers to a list of areas/subjects on which the central government would exercise its authority. An investigation is done post FIR. Dispatch from Washington: Are Pompeos Comments on Ghani Fair? Special Courts: Several special Courts and Tribunals have also been established through different laws to deal with specified matters such as Income Tax Tribunal, labour Courts, Family Courts, Rent Tribunals, Anti-Terrorism Courts, and Board of Revenues etc. THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. 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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. 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. Extra security cover is being provided to polling stations described as sensitive and high sensitive. This Act only provided for a jirga system in KPK but then in Baluchistan, the practice of Jirga system was quite common because its a custom there that the notables of area would decide various disputes concerning minor offences. 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. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. Jirga has the same powers as a civil court does under the Code of Civil Procedure, 1908, pertaining to enforcing attendance of witness or production of documents, etc. , 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. In magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. The administrative head of district judiciary is the 'district and sessions judge'. In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. In other provinces civil judges have jurisdiction to entertain first- and second-class suits. Yousuf v. Smt. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. The parliament has passed the Juvenile Justice System Act 2018. Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. What are the powers of the Executive magistrate under Cr.P.C.? However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. Law Times Journal: One-Stop Destination for Indian Legal Fraternity. I am an active participant in moots and conferences. Army pledges full support for upcoming polls. The court consists of a Chief Justice and sixteen other judges. Section 156(3) attempts to define powers briefly. > | ~ y z { q` K bjbjqPqP m : : ! &. A person can be appointed as Qazi if he possesses a Sanad/Dars e Nizami from a renowned Darul Uloom or if he is a law graduate from a recognized university. Proceedings before the Qazi courts are according to the Civil Procedure Code. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. [17], Civil judge cum judicial magistrates' courts, Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, Article 60 (Supreme Appellate Court) and Article 69 (Chief Court), High Courts (Establishment) Order, 1970 (P.O. Mr. Ali Sher Mirani, AC Bin Qasim appointed Special Judicial Magistrate with the powers First Class Magistrates vice Qazi Jan Muhammad, DC Malir; Muhammad Ishaq Gaad, ADC-II, West Karachi vice Tariq Ahmed Qureshi, the then AC Orangi Town district West Civil Judge Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. The Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. Your email address will not be published. Required fields are marked *. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. The case law has also been referred to. The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. X of 2010), "Pakistani Women Are Leading the Struggle for Human Rights", "Judge invites CJP's attention to harassment by lawyers", List of sitting judges of the Supreme Court, https://en.wikipedia.org/w/index.php?title=Judiciary_of_Pakistan&oldid=1125865548, All Wikipedia articles written in Pakistani English, Articles needing additional references from May 2009, All articles needing additional references, Creative Commons Attribution-ShareAlike License 3.0, Chief Election Commissioner of AJK: Abdul Rashid Sulehria, Chief Election Commissioner of Gilgit-Baltistan: Raja Shah Baz Khan, Provincial services tribunals (one for each province), Control of Narcotic Substances (special courts), This page was last edited on 6 December 2022, at 08:11. Your email address will not be published. Decisions are usually announced later in the day, once the judge has had time to peruse the case files after the hearings. 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. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. 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. The main Criminal Courts in Pakistan are: High Courts are the Constitutional courts established under the Constitution of Pakistan. An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. 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. Normally in capacity of judicial magistrate these courts have the powers to try all offences other than those which are specifically triable by Court of Session but maximum limit for awarding sentence of improvement is not more than three years. Judicial magistrate second class. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. The Magistrate is empowered to issue an order: In Abdul v. Lucky Narain Mundul,[10] it was held that the object of this section is to enable a Magistrate, in cases of emergency, to make an immediate order for the purpose of preventing an imminent breach of the peace, etc. 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. 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. Advertisement ISLAMABAD: The Election [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. The Court structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. Unless otherwise stated, all content is SHARJEEL FOR EFFECTIVE RAIN EMERGENCY PLAN, IDEA ABOUT TO PLAY/RUN 30 CNG BUSES IN CITY, Kumail Nanjiani details his experience of working with Angelina Jolie, Penelope Cruz named best actress at Venice Film Festival, Ben Affleck fights off obsessive fan for getting too close to Jennifer Lopez, Princess Dianas rare aquamarine ring given to Meghan Markle symbolises trust, Angelina Jolie shares her views on child marriage: Its such a horror. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. In 1953 South Africa's Prime Minister, D. F. Malan , became the first foreign head of government to visit Israel though the trip was a "private visit" rather than an official state visit . There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. PTI's return to the parliament would be a better and more democratic route than turning by-elections into 'referendums'. Likewise, the authority of Constitution of Pakistan is not held there, though through Presidential ordinances, and PM packages, they are governed and given an interim authority delegated by Federal Government of Pakistan. Therefore, its crucial to get your documents attested and Fikarfree can ease the process complications with you so that you can be free of anxiety. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). 3. As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. There is a high court for the Islamabad Capital Territory and four provincial high courts. The Election Commission has asked all Presiding [5] Mohd. In CBI v. State of Rajasthan & ors. Section 4 of the JJSO authorizes the Provincial Government to establish one or more juvenile courts for any local area within its jurisdiction, in consultation with the chief justice of the high court. Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments. The provincial government that exercise administrative control over them appoints such 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]. This list consists of defense, foreign policy, finance, tourism, etc. 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. [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. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. Notary Public & First Class Magistrate Attestation Service in Pakistan. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. Under the terms of this judgement, the Government and the President's office were bound to act on the recommendations of the Chief Justice of Pakistan. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. If a law is found to be repugnant the Court is to provide notice to the level of government concerned specifying the reasons for its decision. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. With regard to my interest in Corporate Laws, I am enthusiastic about exploring the corporate legal world. Judicial magistrate first class. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. PHOTO: APP/FILE. [1], As of 2017, Pakistan's judiciary is suffering from a backlog of two million cases, with lawsuits taking an average of nearly ten years to resolve. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. ,My ex-husband told methat practicing the law was a professionfor prostitutes,..Then when he found out I had'secretly got mylicense to practicehe said, Oh soyou are a whorearent you? ~Nighat Dad[15], The Nation ( September 28, 2021). [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). 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. 2) if Registration has not been done within one year; the registration can be made any time by submitting the affidavit before the first class magistrate or To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. [9] Nareshbhai Manibhai Patel v. the State Of Gujarat And Ors, (2003) 1 GLR 456. ISLAMABAD, Aug 13: The Election Commission of Pakistan has authorised officers of the armed forces to be deputed at polling stations to exercise the powers of first class magistrate on Aug 22 when by-elections in 42 constituencies of the national and provincial assemblies will be held. 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate Trial of offences against other laws. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. The Classification, the appointment, the duties, the functions, the powers, control, the subordination, the supervision are all discussed briefly. According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of First Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification. MIRPUR - The powers of First Class Magistrate have been delegated to all the presiding officers in connection with the forthcoming elections of Azad Jammu and Kashmir Legislative Assembly to be held on July 25, Court usually starts early in the morning, with the hearing of pre-arrest bail applications, followed by post-arrest bail applications and civil appeals from the orders of the judicial magistrates' courts and civil judges. Jurisdiction of juvenile courts was conferred to sessions judges and judicial magistrates in accordance with their original jurisdiction under Code of Criminal Procedure. 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. at Department of Law, Prestige Institute of Management and Research, Indore. 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. 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. 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. These Courts are also civil appellate and criminal appellate courts. Afaq Jahan,[5] the Court held that for the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. Normality cannot be achieved without Pakistan itself becoming a normal country, and Washington shifting its focus of interest to the people, from the ruling elite. 8 of 1970), Article 3(1)(b), High Courts (Establishment) Order, 1970 (P.O. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. 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. KARACHI:Government of Sindh has appointed the following officers as Special Judicial Magistrates with the powers First Class Magistrates in place of the earlier appointed Special Judicial Magistrates: Mr. Ali Sher Mirani, AC Bin Qasim appointed Special Judicial Magistrate with the powers First Class Magistrates vice Qazi Jan Muhammad, DC Malir; Muhammad Ishaq Gaad, ADC-II, West Karachi vice Tariq Ahmed Qureshi, the then AC Orangi Town district West Karachi; Nazeer Abro, AC Gulzar-i-Hijri vice Abdul khaliq jamali, the then AC Gulzar-i-Hijari district East Karachi; Saifullah Abro, AD-I, Larkana vice Sikander Ali Chandio , the then ADC-II , Larkana; and Imran Bhatti , ADC-I Tharparkar@Mithi vice Tahir Ali Memon, the then ADC-II district Tharparkar@ Mithi. [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. In every town and city, there are numerous civil and judicial magistrates' courts. Save my name, email, and website in this browser for the next time I comment. Ltd. (www.compunode.com).Designed for Dawn. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. Powers of Magistrate under section 156 (3) Cr.P.C. 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Federal list, Provincial List, and Concurrent List. The conclusive proof of age is Occification Test. 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. ). 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. These courts have also jurisdiction to try cases under the Hudood Laws of Pakistan, certain offences under Control of Narcotic Substances Act etc. The candidates who manage to pass the first test then undertake another test by NTS after which the successful candidates are chosen for the interview which is conducted by the five most senior judges of high court including chief justice of Sindh and candidate who manage to pass the interview are recommended for the post of civil judge and judicial magistrate who thereafter are appointed by the government of Sindh. What are the powers of Magistrate under Cr.P.C.? Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. Powers of Magistrate under section 144 Cr.P.C. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. 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. Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general 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 No. 26. 6 of 1976), Article 3[(1)](a), Learn how and when to remove this template message, Chief Justice of the Federal Shariat Court, "Gilgit-Baltistan: A question of autonomy", "Pakistan is "mainstreaming" misogynist tribal justice", Constitution of Pakistan (1956), Article 148, Constitution (Eighteenth Amendment) Act, 2010 (Act No. If a law is found to be repugnant the Court is to provide notice to the level of government concerned specifying the reasons for its decision. There are following powers available to Executive Magistrate: The following powers are possessed by a Judicial Magistrate of First Class: Approved & Published by Sakshi Raje. is satisfied that proper investigation has not been done, or is not being done by the officer-in-charge of the concerned police station, he can certainly direct the officer in charge of the police station to make a proper investigation and can further monitor the same though he should not himself investigate. Yousuf v. Smt. Furthermore, unless stated in the Act, no decision, decree or judgment passed by the Jirga cannot be called up in any court or before any other authority. For example, the Punjab Public Service Commission sets compulsory papers on English Language & Essay, Urdu Language & Essay, Islamic Studies, Pakistan Studies, General Knowledge (objective test), Criminal Law, Civil Law 1 & 2, and General Law. No. I am Parul Soni student of B.B.A.LL.B (Hons.) Difference between Accomplice, Co-Accused, and Approver. [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 Law prescribes their powers and functions. The judiciary of Pakistan (Urdu: ) is a hierarchical system with two classes of courts: the superior (or higher) judiciary and the subordinate (or lower) judiciary. Executive Magistrates: a) District Magistrate. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? Qazis are appointed through the Public Service Commission. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. [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. 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). [1] A Magistrate is empowered to order the investigation for the offence only when he is empowered to take the cognizance of such offence under section 190 of the Code. Powers of Magistrate under section 144 Cr.P.C. 27. There are numerous special tribunals such as; Almost all judges of above-mentioned courts and tribunals except for consumer courts are district and sessions judges or of having same qualifications. The writer is a Barrister working as an Associate for Kilam Law and is also a member of the Editorial Team at Courting the Law. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. In civil jurisdiction these courts entertain the matters under Succession Act, Insolvency Act, suits for government, summary suits pertaining to negotiable instruments etc. As the Supreme Court of Pakistan doesn't have jurisdiction over Gilgit Baltistan, thus another form of APEX Court named Supreme Appellate Court for Gilgit Baltistan has been introduced, with designated powers as that of Supreme Court of Pakistan. The Executive Magistrate is under the control of State Government. It has repealed the Juvenile Justice System Ordinance 2000. Alternative Dispute Resolution (ADR) Centres, UK detains PIA crew over smuggling, ML charges, Role of Arbitration Councils and Mediation in Family Disputes, Report on Internal Human Trafficking 2022, One Day Workshop on Workplace Harassment in Karachi, Lahore, Islamabad, Vacancies: National Legal Incubation Center. As a law student, I indeed have a fascination with legal research and legal writing. 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. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. All candidates who pass the examinations are given a psychological test. 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. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. After passage of the 18th and 19th Constitutional Amendments, a new Judicial Commission (named Judicial Commission of Pakistan) and Parliamentary Committee were established for appointments. An investigation is done post FIR. If any party is dissatisfied with the decision of the Jirga it may file for an appeal with the Commissioner within 60 days of the receipt of the decision. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. [4][5], The independence of the Pakistani judiciary has changed over time. to conduct an enquiry.

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powers of first class magistrate in pakistan