| Citation(s) |
|---|
| 1984 SLG 354 1984 SLD 354 1984 SCMR 59 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 610 of 1981, decision dated: 20-03-1983 (On appeal from the judgment and order. of the Lahore High Court, dated 15-03-1981 in W. P. 434/75)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND M. S. H. QURAISHI, JJ
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Civil Petition for Special Leave to Appeal No. 610 of 1981, decision dated: 20-03-1983 (On appeal from the judgment and order. of the Lahore High Court, dated 15-03-1981 in W. P. 434/75)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND M. S. H. QURAISHI, JJ
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MUHAMMAD AND others
VS
. SULTAN AND others--Respondents.
Law:
Section:
(a) Provisional Constitution Order (1 of 1981)----Art. 9-Question relating to factual inquiry and assessment not raised before tribunal-High Court justified in refusing to entertain same in wit jurisdiction. (b) Constitution of Pakistan (1973)--- Art. 185 (3)-Assertion by petitioner that all points were raised before lower tribunal and also before High Court-Bare statement of petitioner, held, cannot be preferred over contents of relevant orders-Petition dismissed. Hassan Ahmad Khan Kanwar, Advocate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 20th March, 1983. ORDER MUHAINMAD AFLAL ZULLAH, J.-Order passed by a learned "Member, Board of Revenue, in the revisional jurisdiction in a consolidation matte having been challenged in constitutional jurisdiction of the High Court, the petitioners failed to obtain the desired relief, therefore, they have sought leave to appeal. Learned counsel, as in addition to the arguments raised in the High Court, has tried to advance other arguments on merits, with the assertion that they also, were taken in the memo. of the writ petition, One of the arguments raised in the High Court was that the petitioners were not, afforded due opportunity of hearing. This point has been decided against them on a…
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