Case Details

Citation(s)
2011 SLG 2017 2011 SLD 2017 2011 SCMR 279
Supreme Court of Pakistan
Civil Petition No. 265-L of 2005, decision dated: 29-03-2010 (On appeal from the order dated 14-12-2004 passed by the Lahore High Court, Lahore in Writ Petition No. 5007 of 2000)
JAVED IQBAL AND ANWAR ZAHEER, JAMALI, JJ

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ANJUMAN FRUIT ARHTIAN and others

VS

. DEPUTY COMMISSIONER, FAISALABAD and others

Law:

Section:

Constitution of Pakistan-------Arts. 199 & 185(3)---Constitutional jurisdiction of High Court---Scope---Disputed question of fact---Plea of . fraud and forgery---Petitioners assailed order in question before High Court in exercise of constitutional jurisdiction on the plea of fraud and forgery---Validity---It was mandatory and obligatory for a party invoking constitutional jurisdiction to establish a clear legal right which should be beyond any doubt and controversy---In the light of alleged forgery and fraud, legal right and entitlement of petitioner were controversial---Disputed questions of fact could not be decided in constitutional jurisdiction---High Court had rightly declined to ,exercise his constitutional jurisdiction in view of various controversial questions of law and facts which could only be resolved on the basis of evidence which could not be recorded in exercise of constitutional jurisdiction---Leave to appeal was refused. Ataur Rehman Khan v. Dost Muhammad 1986 SCMR 598; Muhammad Akhtar v. President Cantonment Board, Sialkot Cantt. 1981 SCMR 291; Mian Muhammad v. Govt. of West Pak. 1968 SCMR 935; Abdur Rashid Bhhiya v. Province of East Pak PLD 1970 Dacca 633; Zuhra Begum v. Sajjad Hussain 1971 SCMR 697; Landale and Morgan (Pak) Ltd. v. Chairman, Jute Board Dacca 1970 SCMR 853; Mahboob Alam v. Secretary to Govt. of Pak. 1969 SCMR 217; Umar Daraz v. Muhammad Yousaf 1968 SCMR 880; Saghir Ali v. Mehar Din 1968 SCMR 145; Abdur Rehman Khan v. Deputy Commissioner Jessore PLD 1968 Dacca 367; Lutfonnessa Ibrahim v. Province of East Pak. PLD 1969 Dacca 779; Mainuddin Ahmed v. Delimitation Officer PLD 1965 Dacca 263; Province of East Pakistan v. Kshiti Dhar Roy PLD 1964 SC 636; Abdur Rab Choudhury v. Registrar of Joint Stock Companies PLD 1960 Dacca 541; Md. Nur Hussain v. Province of East Pak PLD 1960 Dacca 31; Chand Miah v. IT and Sales Tax Officers .PLD 1960 Dacca 523; Parbatipur Industries v. Chief Secretary E. Pak 12 DLR 255; Md. Noor Hussain v. Province of E.Pak. 11 DLR 367; State Life Insurance Corp. of Pak. v. Tobacco Co. PLD 1983 SC 280; Md. Ibrahim v. Prov. of East Pak. 15 DLR 703; Benedict F.B. Souza v. Karachi Building Control Authority…
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