Law:

Section:

(a) Constitution of Pakistan (1973)-.- Art, 1"8 read with Supreme Court Rules, 1956, O. XXVI, r. 6­Review by Supreme Court-Review petition-To be heard by Judges delivering under review and available on Bench for disposal of review petition-Petition for recalling two other Judges for hearing such petition, one having retired and another having ceased to remain on Bench due to being continuously incapacitated by illness, held, not competent.-[Review]. (b) Constitution of Pakistan (1973)- ,-- Art. 188 read with Supreme Court Rules, 1956, 4: XXVI, r. 1 and Civil Procedure Code (V of 1908), O. XLVII, r. 1-Review by Supreme Court-Power of review-To be exercised in criminal proceedings on ground of error apparent on face of record and in civil proceedings on grounds similar to those mentioned in O. XLVII, r. 1, Civil Procedure Code, 1908-Rule 1 of O; XLVII speaking of mistake or error apparent on face of record error apparent on face of record, held, common ground for review in both civil and criminal proceedings in Supreme Court.-[Review-Criminal trial]. (c) Constitution of Pakistan (1973)- -- Art. 188 read with Supreme Court Rules, 1956, O. XXVI, r. 1 and Civil Procedure Code (V of 1908), O. XLVII, r. 1-----Review---Grounds----Words" apparent on face of record"-Error in order to be a ground for review-Must be apparent on face of record, i.e. so manifest, so clear as could not be permitted by any Court to remain on record-Such error may be an error of fact or of law but must be self-evident and floating on surface and not requiring any elaborate discussion or process of ratiocination----Contentions that exposition of law is incorrect or erroneous, or that Court has gone wrong in application of law to facts of particular case, or that erroneous inferences have been drawn as result of reappraisal or appreciation of evidence-Held : Do not constitute valid ground for review--Orders based on erroneous assumption of material facts, or without adverting to a provision of law, or a departure from undisputed construction of law and Constitution, may, however, amount to error apparent on face of record--Error, on other hand, must not only be apparent but must also have a…

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