Case Details

Citation(s)
2005 SLG 1929 2005 SLD 1929 2005 PLD 45
Supreme Court of Pakistan
Civil Review Petitions Nos. 1-L, 2-L and 3-L of 1998, decided on 15th October, 2004. DATE of hearing: 22nd June, 2004. (On review from judgment dated 28-10-1997 passed by this Court in Civil Petitions. Nos. 673, 674, 675-L of 1996).
MIAN MUHAMMAD AJMAL, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Talib H. Rizivi, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioners (in all petitions). Raja Abdur Rehman, A.A.G. (On Court Notice). Muhammad Rashid Ahmed, Advocate Supreme Court and Sh. Salah-ud-Din, Advocate-on-Record for Respon

MUHAMMAD ASLAM SUKHERA and OTHERS

VS

COLLECTOR LAND ACQUISITION, Lahore, IMPROVEMENT TRUST, Lahore and another

Law:

Section:

(a) Law Reforms Ordinance (XII of 1972)--- ----S.3(2), proviso ---Intra-Court Appeal---Bar to such remedy--­Applicability---Bar under proviso to S.3 (2) of Law Reforms Ordinance, 1972, to the remedy of Intra-Court Appeal, is in those cases in which the relevant law provides the remedies of appeal, revision or review. (b) Words and phrases--- ----"Original"---Meaning---Word "original" is susceptible to different meanings in the context of a particular statute---Word `original' does not always mean `first in order'. Macmillan and Company Limited v. K. and J. Cooper AIR 1924 PC 75 and Re Oriental Bank 54 LJ Ch. 481 ref. (c) Law Reforms Ordinance (XII of 1972)----- ----S.3(2)---Expression `original order'---Connotation---Expression `original order' in S.3 (2) of Law Reforms Ordinance, 1972, was used in generic sense in contradistinction to orders passed in appeal, revision or review. (d) Supreme Court Rules, 1980--- ----O. XXVI, R.1---Review jurisdiction, exercise of---Principles:- Following are the principles with regard to review of the Supreme court. Every pronounced by Supreme Court is presumed to be considered solemn and final decision on all points arising out of the case. (ii) If Court has taken a conscious and deliberate decision on a point of fact or law, a review petition does not lie. (iii) Fact that view canvassed in the review petition is more reasonable than the view found favour with the Court in the / order of which review is sought, is not sufficient to sustain a review petition. Abdul Ghaffar Abdul Rehman v. Asghar Ali PLD 1998 SC 363 rel. (e) Land Acquisition Act (I of 1894)--- ----Ss. 26 & 54---Constitution of Pakistan (1973), Art. 199---Supreme Court Rules, 1980, O.XXVI, R.1---Review of ---Filing of Constitutional petition instead of appeal---Petitioners being dissatisfied with the award of compensation, filed Constitutional petition before High Court and then filed Intra-Court Appeal---Constitutional petition as well as Intra-Court Appeal were dismissed by High Court and the s were maintained by Supreme Court---Validity---Petitioners failed to point out any apparent error or defect in the sought to be reviewed--­Grounds urged by…
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