Be the first to review Notary Public & First Class Magistrate Attestation. 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. Government of Pakistans COVID Information Portal, National Institute of Health National Health Services Regulation and Coordination, National Database and Registration Authority, LG elections: Presiding officers granted first-class magistrate powers, Your Right to Vote Constitution and Beyond, Myths about Electoral System and Processes, Motivational Quotations for Politics, Democracy, and Elections, https://tribune.com.pk/story/976352/lg-elections-presiding-officers-granted-first-class-magistrate-powers/, PPP gets deeper into trouble as another senior leader forms pressure group, ECP asserts its authority to examine party funds, Eligible voters registered in their constituencies: CEC, Voter gender gap serious challenge, says CEC, Voters asked to verify registration status from ECPs SMS service, ECP omits names of over 4 million deceased voters from list, Punjab govt for delay in publication of delimitation of constituencies, LG dept monitoring system to improve governance, SHC directs ECP to conduct LB elections within 120 days, Amend Constitution to help LG system function, ECP Receives Briefing On Third Strategic Plan 2019-23, Local government polls: ECP constitutes delimitation committees, Punjab unlikely to hold local bodies polls soon, Enrollment Of All Eligible Voters; Reducing Gender Gap Important For Transparent Elections: PEC,Punjab, Delimitation for new local bodies starts this week. Subordinate judges are also promoted from senior civil judges on a seniority basis. 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. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. 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. The case law has also been referred to. 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. 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. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. 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. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. It does not expressly and exhaustively provides for the powers and its extent. 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. Judicial magistrate second class. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. Yousuf v. Smt. 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. The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. Command the dispersal of any unlawful assembly. Director General of Autonomous Federal [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. Trial of offences under Penal Code. Section 156(3) attempts to define powers briefly. 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. The court consists of a Chief Justice and sixteen other judges. Proceedings before the Qazi courts are according to the Civil Procedure Code. 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. The criminal courts were created under the Criminal Procedure Code 1898 and the civil courts were established by the West Pakistan Civil Court Ordinance 1962. 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. Powers of Magistrate under section 156 (3) Cr.P.C. Notary Public & First Class Magistrate Attestation Service in Pakistan. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. Save my name, email, and website in this browser for the next time I comment. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.[2]. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] ; but it is not intended to relieve of the duty of making a proper inquiry into the circumstances which make it likely that such breach of peace, etc., will occur. As per constitution of Pakistan,they are being governed by Government of Pakistan on interim basis. This list consists of defense, foreign policy, finance, tourism, etc. This material may not be published, broadcast, rewritten, [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. 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. 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. CIVIL JUDGE 2ND CLASS 1. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. 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. 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 in Madhu Bala v. Suresh Kumar,[4] held that it is not illegal by the Magistrate to order to the police to register the case and investigate it provided that the complaint filed before the Magistrate discloses the commission of any cognizable offence. In Mohd. 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 High Court is an appellate Court for all Civil and Criminal matters in the respective province. Magistrates in group A category status with judicial powers are known as first-class magistrates. [4][5], The independence of the Pakistani judiciary has changed over time. 5. Magistrates have sentencing powers that allow them to impose a range of sentences, including unlimited fines, bans, community orders and up to six months' custody for a single offence and A Court of Session comprises of Sessions Judge and Additional Sessions Judge. Federal list, Provincial List, and Concurrent List. All candidates who pass the examinations are given a psychological test. I am Parul Soni student of B.B.A.LL.B (Hons.) The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. [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. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. These Courts are also civil appellate and criminal appellate courts. The conclusive proof of age is Occification Test. CONSTITUTION AND POWERS OF CRIMINAL COURTS. 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 , . The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. 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. [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 Notify me of follow-up comments by email. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. No. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. The Court structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. Save my name, email, and website in this browser for the next time I comment. However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. Power to give directions. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. An investigation is done post FIR. The word Magistrate mentioned in section 156(3) means Judicial Magistrate who is empowered to take cognizance of a cognizable offence and not Executive Magistrate. 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. The law is applicable to the whole of Pakistan. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. The lame-duck administration is unable to take the tough decisions needed. What are the powers of Magistrate under Cr.P.C.? influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) 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. ,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 , Chancellors vision about higher education in K-P, Going for early elections is the right course, The deepening global power vacuum after Ukraine war. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. Yousuf v. Smt. 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. Notary Public & First Class Magistrate Attestation Service in Pakistan. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? 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. 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. 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. 26. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. There is nothing illegal in doing so. Difference between Accomplice, Co-Accused, and Approver. Powers of Magistrate under section 156 (3) Cr.P.C. In other provinces civil judges have jurisdiction to entertain first- and second-class suits. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. Trial of offences against other laws. No. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. 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. 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. If the Magistrate on an application under Section 156(3) Cr.P.C. 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. Required fields are marked *. Prior to 18th Constitutional Amendments, appointments to the Supreme Court of Pakistan were made by the President of Pakistan, on the recommendation of the Chief Justice of the Supreme Court. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. As a law student, I indeed have a fascination with legal research and legal writing. The Supreme Court Judges are supervised by the Supreme Judicial Council.[1]. 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). [5] Mohd. An investigation is done post FIR. The provincial government that exercise administrative control over them appoints such officers. All convictions awarded by judicial magistrates and convictions up to four years awarded by courts of assistant sessions judges or magistrates especially empowered under section 30 Cr.P.C. The Judicial Commission of Pakistan consists of a total of nine members: the Chief Justice of Pakistan, four senior judges of the Supreme Court, a former Chief Justice or judge of the Supreme Court nominated by the serving Chief Justice in consultation with the four serving judges of the Supreme Court aforementioned, the Attorney General of Pakistan, the Federal Minister for Law and Justice and, one senior advocate nominated by the Pakistan Bar Council. What are the powers of Judicial Magistrate of First Class? Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. This system bred many allegations of favoritism. ). There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. 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[16] Dr Sajida Ahmed Chaudhry has been quoted saying, ".if the district judges were supposed to be snubbed, abused, mentally and physically tortured by the lawyers during court hours but their honour and dignity could not be protected by the top judiciary, the district judges are ready to surrender their extra perks like cars, laptops, etc."[16], When the male as well as the female judges are harassed at our courts, I feel compelled and frustrated either to burn all my educational degrees one by one in front of the LHC or in front of the Supreme Court so that none of the girls among the 230 million population should dare to come and join judiciary,[16], According to Rubya Mehdi Pakistan Judiciary is quite corrupt to the extent that it is said in Pakistan that even walls of judicial offices seek bribes; in this scenario in spite of Islamic traditions did not favor female judicial officers still popular public opinion was in very much welcoming appointments of female judges since they were less approachable for corruption; and for the same reason Pakistani male advocates behave adversely to Pakistan's women judges since they find them difficult to be approached and bribed. 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. 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