| Citation(s) |
|---|
| 2011 SLG 845 2011 SLD 845 2011 PLD 44 |
Supreme Court of Pakistan
Civil Petitions Nos.662-663 of 2009, decision dated:27-05-2010. (On appeal from the judgment dated 6-4-2009 ofthe Islamabad High Court, Islamabad in W.P. No.1298/2008 andF.A.O. No.6/2008)
JAVED IQBAL, MUHAMMAD SAIR ALI AND ANWAR ZAHEER, JAMALI, JJ
Ch. Aitzaz Ahsan, Senior Advocate Supreme Court and Uzair Karamat Bhandari, Advocate Supreme Court. Raja Aleem Abbasi, D.A.G. Muddassar Hussain, Director Ministry of Information No. 1. Muhammad Akram Sheikh, Senior Advocate Supreme Court Assisted by M/s.
Civil Petitions Nos.662-663 of 2009, decision dated:27-05-2010. (On appeal from the judgment dated 6-4-2009 ofthe Islamabad High Court, Islamabad in W.P. No.1298/2008 andF.A.O. No.6/2008)
JAVED IQBAL, MUHAMMAD SAIR ALI AND ANWAR ZAHEER, JAMALI, JJ
Ch. Aitzaz Ahsan, Senior Advocate Supreme Court and Uzair Karamat Bhandari, Advocate Supreme Court. Raja Aleem Abbasi, D.A.G. Muddassar Hussain, Director Ministry of Information No. 1. Muhammad Akram Sheikh, Senior Advocate Supreme Court Assisted by M/s.
PAKCOM LIMITED and othersVsFEDERATION OF PAKISTAN and others
Law: Constitution of Pakistan, 1973
Section: 18,23,24,25,185,185(3),199
Law: Contract Act, 1872
Section: 14,15,16,17,18,19,20,21,22
Law: Pakistan Telecommunication (Reorganization) Act, 1996
Section: 8,20,21,22,23
(a) Constitution of Pakistan-------Art. 185(3)---Petition for leave to appeal---New plea/ground---Scope---Plea not raised before the High Court during hearing of appeal cannot be agitated before Supreme Court---Point which was not taken before Lower Court or Tribunal or where plea was not raised before Trial Court or Appellate Authority or in revision before High Court in a petition under Art.199 of the Constitution or which was neither taken before the lower Court or Tribunal, cannot be raised at the hearing---Grounds which should have been taken and urged in previous petition but had not been urged, cannot be permitted to be agitated between sane parties in second round of litigation, notwithstanding the plea that the petitioner was ignorant about them---New point involving investigation into facts cannot be taken up at the stage of leave to appeal. Khairati v. Aleem-ud-Din PLD 1973 SC 295; Ghulam Muhammad v. Abdul Qadir Khan PLD 1983 SC 68; Neelam Mawaz v. The State PLD 1991 SC 640; Mad Ajab v. Awal Badshah 1984 SCMR 440; Mairaj Sons v. United Bank Limited 1985 SCMR 987; Muhammad Ahmed v. Aziz Begum 1985 SCMR 1962; Sardaro v. Nazran Begum PLD 1985 SC 274; Muhammad Idrees v. Safia Begum 1986 SCMR 795; Muhammad Urfan v. N.-W.F.P. PLD 1984 SC 253; Gul Zairn v. Faizullah 1979 SCMR 501; S.B. Insurance Employees' Union v. Sindh Labour Court 1975 SCMR 49; Nisar Ahmad v. Fazal Muhammad 1975 SCMR 190; Khalid Sharif v. The State 1975 SCMR 178; Begum Zahoorul Haq v. Muhammad Younus 1985 SCMR 1657; Muhammad Ibrahim v. Allah Bakhsh 1968 SCMR 143; Ghulam Haider v. Settlement Commissioner 1972 SCMR 559; West Pakistan Transport Co. v. Transport Appellate Authority PLD 1965 SC 248; Nasir Ahmad Shaikh v. Nahid A. Shaikh 1986 SCMR 1621; Akhtar Iqbal Puri v. Settlement Commissioner, Lahore PLD 1977 Lah. 249; Abdul Rashid v. Bank of Tokyo Ltd. PLD 1974 Kar. 411; Muhammad Ismail v. Settlement Commissioner 1992 CLC 282; Ghulam Ali v. Muhammad Siddique PLD 1982 Lah. 69; Allah Ditta v. Member, Board of Revenue PLD 1976 Lah. 897; Financial Adviser and C.A.O. v. PB.LAB. PLD 1985 Lah. 420; Abdul Sattar v. Additional District Judge, Rawalpindi 1984 SCMR 925; Jahangir Khan v. Sibtul…
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