Law:

Section:

Constitution of Pakistan (1973)-----Art.188--Review by Supreme Court--Scope- Reversal of conclusion earlier reached by the Court, after full consideration of the question is not possible in exercise of the review jurisdiction--Only where a decision was given per incuriam (i.e. through oversight) without considering some statute or the like, that its reconsideration may be justified, but where the statutory provision had been considered and an interpretation was given thereon, merely because another view of the provision of a statute was possible, would not make it liable to review. [p. 383 ] A Lt.-Coz. Nawabzada Muhammad Amir Khan v. The Collector of Estate Duty, Government of Pakistan, Karachi and another P L D 1962 S C 335 ref ORDER NASIM HASAN SHAH, J--By this petition under Article 188 of the Constitution, review is sought of this Court's judgment dated 13-5-1987 passed in Civil Appeal No.253 of 1981. While disposing of the above-noted civil appeal it was observed that "the real question, which fell for determination in this case was not whether the land and the building which was built as a school and used as such was attached to it vested in the Government under para. 5 of Martial Law Regulation No.118 but the true question, in the facts and circumstances of this case, was whether the vesting of the Rang Mahal Mission School in the Provincial Government had the effect of making it the property of the Government alongwith its assets, as claimed in the impugned letter of 21st September, 1980." In the discussion of this question it was observed by this Court that the word "vest" is a word of variable import not having a fixed connotation and does not necessarily mean "vest in title". The Court after referring to several decisions, ultimately answered this question as follows:- "We are, therefore, of the opinion that merely because the privately-managed schools, alongwith their assets were to vest in the Government, under the terms of para. 5 of Martial Law Regulation No.118 it did not imply that Government had become the owner in relation to the buildings wherein schools or colleges were being run. The intention of Martial Law Regulation No.118 manifestly…

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