Case Details

Citation(s)
1983 SLG 314 1983 SLD 314 1983 SCMR 1226
Supreme Court of Pakistan
Constitutional Petition No. 366 of 1982, decision dated: 13-03-1983.(On appeal from the judgment, dated 21 3 1982 of the Lahore High Court, Lahore in W. P. No. 3179 of 1981)
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
Hakam Qureshi, Advocate Supreme Court and Rana Maqbool Ahmad, Advocate on-Record for Petitioner. Sh. Salah-ud-Din, Advocate on-Record for
Respondents

JAN MUHAMMAD

VS

MUHAMMAD SIDDIQUE AND OTHERS

Law:

Section:

Provisional Constitution Order (1 of 1981)-- Art. 9 High Court in its writ jurisdiction does not normally interfere with findings of fact recorded on basis of material before statutory authority High Court, however; can pass order designed to further ends of justice and to secure correct decision based on true situation in case Leave refused in circumstances Constitution of Pakistan (1973). Art. 185(3). ORDER NASIM HASAN SHAH, J. This petition is directed against the order of a learned Single Judge of the Lahore High Court, dated 21 3 1982, whereby the Writ Petition (W. P. No. 3179 of 1981) filed by the respondent No. 1 (Muhammad Siddique), was accepted and the order of the A. C./Collector, Chunian, dated 28 7 1980 was set aside and the case remanded to the said Officer for hearing and deciding it afresh. The A. C./Collector bad accepted the appeal filed by the petitioner by the aforesaid order. The learned Judge in the High Court has, however, held that the learned Collector had overlooked material evidence and other relevant circumstances while disposing of the appeal preferred before him. It was further held that the Collector had not applied his mind to the evidence before him and though the Evidence Act…
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