Judicial order

  1. It is settled proposition of law that judicial order must be speaking order manifesting by itself that the Court or Tribunal has applied its mind to the facts of the case and the issues involved, resolved them in light of evidence on record keeping in view the law on the subject — Court/Tribunal seized with the case is also expected to record its reasons in support of the conclusion. Ashiq Hussain and 3 others v. Muhammad Iqbal Chaughtai 2001 SCR 551 (A)
  2. The subject matter of dispute before the Supreme Court is administrative and executive business/order of the High Court and not a judicial order which relates to the service rights of the petitioner, remedy against which is not provided before Supreme Court, unless the order of learned Chief Justice is challenged before proper forum or direction for implementation of the order of Prime Minister is refused by proper forum — Appeal is competent before Supreme Court only after judicial determination by the competent forum. Abdul Raheem Zubair Butt vs. AJK High Court & 7 Others 2002 SCR 455 (B)
  3. The removal or dismissal from service or any other order passed in relation to the terms and conditions of service of a Court servant/judicial officer is administrative order passed by the competent authority i.e. learned Chief Justice or the Judges of High Court and it remains valid unless it is set aside by a Court/Tribunal of competent jurisdiction. Abdul Raheem Zubair Butt vs. AJK High Court & 7 Others 2002 SCR 455 (C)
  4. A Judicial Officer is required to mention in detail the outlines of the facts of the case and the questions arising out of the pleadings of the parties for determination along with the reason for the view which found favour with the Court or Tribunal — All those who are performing judicial functions must pass speaking orders to enable everyone to have an idea for the view which found favour with Presiding Officer of a such Court or Tribunal. Javed Iqbal  v. Inspector General of Police  2004 SCR 412 (A) PLD 1978 SC (AJK) 161, PLD 1988 SC (AJK) 184 & 203 rel.
  5. A judicial officer is required to mention in detail the outlines of the facts of the case and the question arising out of the pleadings of the parties for determination along with the reason for the view which found favour with Court or Tribunal — It was repeatedly laid down that all those who are performing judicial functions must pass speaking orders to enable everyone to have an idea for the view which found favour with the Presiding Officer or such Court or Tribunal. Javed Iqbal  v. Inspector General of Police & 2 others 2005 SCR 25 (A)
  6.  Order under challenge is not happily worded — Any matter brought before a Court of law must be resolved through self-speaking order containing points for decision and reasons for the final view. Case remanded. Bushra Mehmooda Khatoor  v. Secretary Education 2005 SCR 217 (A)
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