Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 163

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 163

Law: West Pakistan Board of Revenue Act, (XI of 1957)

Section: 8

(a) Review------Jurisdiction of review---Scope---Powers of review, if not available to a court or authority under relevant law, could not be exercised as an inherent power under law --- Principle stated. Review is the jurisdiction to be exercised by a court/authority, if the powers of review are available to such court/authority under the relevant law, which cannot be exercised as an inherent power under the law. Once a court/ authority exercises its jurisdiction, then that becomes functus officio and cannot re-open and re-enter into the matter. The scope of review is very limited in nature; it is not like an appeal. By exercising the jurisdiction under review, matters already discussed cannot be re-considered and similarly entire case cannot be reopened in review. It is only possible when there is discovery of new and important matter or evidence which after the exercise of due diligence was not in the knowledge of the party asking for review or some mistake or error apparent on the record of the case. Any such order lacking the above requirements would be nothing, but an order unlawful and without jurisdiction. Unless there is any new and important matter or evidence, which was not within knowledge of the party or the same could not be produced at the relevant time when the order was being made or any other mistake or error apparent on the face of the record, review of earlier order cannot be made. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ---S. 163---West Pakistan Board of Revenue Act (XI of 1957), S.8---Powers of Board of Review to review its own order---Scope---No such powers available to Board of Revenue under S.163 of West Pakistan Land Revenue Act, 1967 except S.8 of West Pakistan Board of Revenue Act, 1957 whereunder Board could review its own order/decree after giving notice to other side---Jurisdiction of review provided under S.8 of West Pakistan Board of Revenue Act, 1957 was of limited scope and could not allow the Board to act arbitrarily by flouting provisions of law---Principles. Mian Mohibullah Kakakhel for Petitioners. Shakeel Ahmad for Respondents. Date of hearing: 13th September, 2011. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.---…

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