| Citation(s) |
|---|
| 1986 SLG 917 1986 SLD 917 1986 SCMR 1526 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 865 of 1983, decision dated: 19-10-1983. (On appeal from the judgment and order, dated 9-3-1983 of the Lahore High Court. Lahore, in Civil Revision No. 391/1) of 1982).
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
Ch. Muhammad Farooq, Senior Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record. Muhammad Shamim Qureshi, Advocate-on-Record. Date of hearing. 19th October, 1983.
Civil Petition for Special Leave to Appeal No. 865 of 1983, decision dated: 19-10-1983. (On appeal from the judgment and order, dated 9-3-1983 of the Lahore High Court. Lahore, in Civil Revision No. 391/1) of 1982).
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
Ch. Muhammad Farooq, Senior Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record. Muhammad Shamim Qureshi, Advocate-on-Record. Date of hearing. 19th October, 1983.
THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF THE PUNJAB, LAHORE and 3 others
VS
SHAMIM AKBAR
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--Educational Institution--Examination--Leave to appeal, grant of--Difference of opinion in s of Supreme Court--Leave granted to settle cleavage of opinion by an authoritative on question whether a candidate who benefits from a wrong can be presumed ipso facto to be responsible for it or whether specific evidence must be adduced to establish his wrong doing. P L D 1977 S C 838; Rahat Siddiqui v. Board of Intermediate and Secondary Education 1977 SCMR 213 and Akhtar Ali v. University of the Punjab 1979 SCMR 549 ref. ORDER NASIM HASAN SHAH, J.--There appears to -be some difference of opinion expressed in the judgments of this Court on the question whether a candidate who benefits from a wrong, he can be presumed ipso facto to be responsible for it or whether specific evidence must be adduced to establish his wrong doing. In P L D 1977 S C 838 it was held that where the candidates marks were increased by tampering with the record and he was obviously beneficiary of this malpractice, the said sole circumstance would not be sufficient to prove that the…
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