Law: Constitution of Pakistan, 1973

Section: 188,185(3)

Supreme Court Rules, 1980--- ----O. XI---Constitution of Pakistan, Arts. 188, 185(3)---Constitution of Benches---Judgment of Division Bench of High Court altered by a two Member Bench of the Supreme Court without granting leave to appeal---Propriety---In the present case, though the two Member Bench of the Supreme Court (in the under review) was inclined to grant leave to appeal to a limited extent vis-a-vis the rate of mark-up, but it was also true that no leave to appeal was granted against the impugned of the High Court---In the under review on the sole statement of the counsel for the respondent, the alleged excessive rate of markup was simultaneously modified in the without recording any consensual statement of the petitioner’s (bank’s) counsel---Two Member Bench of the Supreme Court, taking into consideration the assiduousness and exactitudes of Order XI of the Supreme Court Rules, 1980, could grant leave or dismiss the civil petition for leave to appeal, but could not modify, alter or amend the of Division Bench of High Court for which the matter should have been fixed before a three Member Bench of the Supreme Court as per the said Rules---Review petition was allowed and Civil Petition for Leave to Appeal was restored to its original number, with the direction that the same shall be fixed for hearing before a three Member Bench for leave to appeal. ORDER MUHAMMAD ALI MAZHAR, J.---This Civil Review Petition has been moved by the State Bank of Pakistan (“SBP”) (Petitioner in C.P.L.A. No. 146-K of 2019) for reviewing the consolidated Order dated 04.09.2020, rendered by the learned two Member Bench of this Court in C.P.L.As. Nos. 146-K and 411-K/2019. It is pertinent to point out that the Review petition has only been filed by the SBP in C.P.L.A. No. 146-K/2019, and no Review petition has been filed by the petitioners in C.P.L.A. No.411-K/2019. In fact vide aforesaid Civil Petitions, the judgment dated 11.12.2018 passed by the learned Division Bench of High Court of Sindh in High Court Appeals Nos. 226/2005 and 74/2006 was challenged but on 4.9.2020, the learned two members bench modified the High Court judgment in the following terms: “4. After taking into…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492