| Citation(s) |
|---|
| 2025 SLG 132 2025 SLD 132 2025 PLJ 1 |
Civil PLA No. 311 of 2023, decided on 13.11.2023. (Against the judgment of the High Court dated 26.05.2023 in Civil Appeal No. 14 of 2015) Date of hearing: 13.11.2023.
RAJA SAEED AKRAM KHAN, C.J. AND KH. MUHAMMAD NASEEM, J.
Mr. Abdul Razzaq Chaudhary, Advocate for Petitioner. Ch. Umair Jahandad Khan, Advocate for
Respondents
MUHAMMAD RAFIQUE--PETITIONER
VERSUS
MST. SHEENA AKHTAR AND OTHERS--RESPONDENTS
Law: Azad Jammu and Kashmir Interim Constitution Act, 1974
Section: 42(11)(d)
Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)--
----Art. 42(11)(d)--Petition for leave to appeal--Preliminary objection--Competency of petition--The subject matter of petitioner’s suit was not less than Rs. 50,000/- and High Court set aside judgment of DJ, thus, meeting conditions of Article 42(11)(d)--Against impugned judgment of High Court an appeal was competent and not petition for leave to appeal--The preliminary objection raised by counsel for respondents had prevailed--Petition dismissed.
2021 SCR 440 ref.
Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)--
----Arts. 42(11)(d)--An appeal shall lie to Supreme Court from any judgment, decree, final order, or sentence of High Court if amount or value of subject-matter of dispute in Court of first instance was, and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified by Act of Council. Additionally, appeal is competent if judgment, decree, or final order appealed from has varied or set aside judgment, decree, or final order of Court immediately below.
2016 SCR 1075 and 2014 SCR 588 ref.
ORDER
Raja Saeed Akram Khan, C.J.--This matter comes before this Court by way of a petition for leave to appeal from the decision
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