| Citation(s) |
|---|
| 2007 SLG 3474 2007 SLD 3474 2007 PLJ 147 |
Supreme Court (AJ&K)
Civil Review Petition No. 13 of 2001, decided on 30.5.2007
MUHAMMAD REAZ AKHTAR CHAUDHRY, C.J. AND KHAWAJA SHAHAD AHMED, JJ.
Petitioner in person. Mr. Asghar Ali Malik, Advocate for
Respondents
Civil Review Petition No. 13 of 2001, decided on 30.5.2007
MUHAMMAD REAZ AKHTAR CHAUDHRY, C.J. AND KHAWAJA SHAHAD AHMED, JJ.
Petitioner in person. Mr. Asghar Ali Malik, Advocate for
Respondents
MUJAHID HUSSAIN NAQVI
VS
AZAD GOVT. and others--Respondents
Law:
Section:
(i) Supreme Court Rules, 1980-- ----O.XLVI, R. 1--Civil Procedure Code, (V of 1908) O.XLVII, R. 1--Delegaion of powers of Government to law Minister--When the decree or order was passed or there is some mistake or error on the face of record then the review jurisdiction shall be invoked. [P. ] A (ii) Review-- ----Scope--Limited--Maintainability--Scope of review is very limited--Review Petition is not maintainable on those points which have been decided one way or the other--Moreover any dispute which has already been resolved cannot be review even if the same has been resolved illegally. [P. ] B (iii) Administration of Justice-- ----Basic object and purpose of enactment of laws, rules of procedures and establishment of various Courts is to administer justice. [P. ] C (iv) Duty of Court-- ----Duty of Courts to administer justice--It is fundamental duty of all Courts to administer justice and ensure that all laws and rules of procedures are fulfilling very purpose for which these were enacted and if the Court finds that any law or rule of procedure does not fulfill its basic object rather it is enjoinder of justice or it is a hindrance in the way of justice then that should be ignored. [P. ] D (v) AJ&K Interim Constitution Act, 1974 (VII of 1947)-- ----S. 42-A(1)--Certain powers of Court--Supreme Court can issue such direction--Order or decree as may be necessary for doing complete justice in any case or matter pending before it. [P. ] E (vi) Interest of Justice-- ----Complete justice--Complete justice" is very comprehensive term but it means the doing of real and substantial justice without being fettered by legal formalities so that the paramount interests of justice are not allowed to be sacrificed at the alter of mere technicalities. [P. ] F (vii) AJ&K Interim Constitution Act, 1973-- ----S. 42-A(1)--Duty of Supreme Court--It is the duty of Supreme Court to ensure that complete justice should be done in any case or matter--An issue has been resolved by it legally and Supreme Court declines to interfere or review the order passed, it will amount to injustice--Complete justice should be done to every person--If any question has been erroneously or…
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