Case Details

Citation(s)
1999 SLD 844 = 1999 CLC 1177
Lahore High Court
Writ Petitions Nos.25770, 25771 and 25777 of 1998, decided on 17th December, 1998.
Presented By: Before Raja Muhammad Khurshid, J
Ch. Muhammad Ayub for Petitioner.

MUHAMMAD ASIM TIWANA---Petitioner

VERSUS

Syed       SHAUKAT,HUS$AIN       RIZVI       and        6 others---Respondents

Law: West Pakistan Money Lenders Ordinance (XXIV of 1960)

Section: 10

  West Pakistan Money Lenders' Ordinance (XXIV of 1960)--- ----S.     10---Licence,                      requirements of---Applicability---Requirement for having a licence for lending money under law arose if a person was lending money to different persons and was carrying on business as such---Where two parties entered into a business contract for the benefit of both the sides, the same could licence was required as such. Civil Procedure Code (V of 1908) . .S. 114 .Constitution of Pakistan (1973), Art.199 . Constitution Petitioner . Petitioner filed review petition in Trial Court, instead of availing appeal as a normal remedy, after  suit  for  recovery  was  decreed  against  him ---Validity-- Petitioner raised same points ;in his Constitutional petition which were raised before Trial Court---Issues were already framed on those points and were  answered  in  the  judgment  of  the Trial Court---Nothing was brought on record to show that there was some latent or patent defect either in the judgment and decrees of the Trial Court, or that some fresh evidence or material had come to light which was not available at the time when decree was passed---Review petition was misconceived and no illegality was committed by the   Courts below---Interference in Constitutional petition was not warranted which was dismissed in limine. Naim Muhammad Khan v.' Barkatullah PLD 1993 Lah. 55; 1992 SCMR 1898; Roshan Din v. Fateh Din and another 1993 CLC 228; Naseem Ahmad and another v. Air Botswana (Pvt.) Ltd. and others 1993 SCMR 647; Syed Arif Shah v. Abdul Hakeem Qureshi PLD 1991 SC 905; Siraj Din v. Sultan and others PLD 1990 SC 95; Sikandar Abdul Karim v. The State 1998 SCMR 908; Suba through Legal Heirs v. Fatima Bibi through Legal Heirs and others 1996 SCMR 158 and Samar Gul v. Central Government and others PLD 1986 SC 35 ref. Civil Procedure Code (V of 1908)--- ----S. 114---Review---Scope----Review has a very limited scope and that is only to rectify any mistake apparent on…
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