Case Details

Citation(s)
1988 SLG 3060 1988 SLD 3060 1988 SCMR 349
Supreme Court of Pakistan
Civil Review Petition No. 18-R of 1985, decided on 29th November, 1987. Date of hearing: 29th November, 1987. (On review from the judgment and order, dated 9-2-1985 of this Court passed in Civil Appeal No. 72 of 1982).
JAVID IQBAL, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
K.M.A. Samdani, Advocate Supreme Court and Aijaz Ahmad Khan, Advocate- on-Record for Petitioner. A. R. Sheikh, Senior Advocate Supreme Court and Tanveer Ahmad, Advocate-on-Record (absent) for
Respondents.

MAJOR (RETD.) TEHMAS KHAN

VS

MRS. ZOHRA ARSHAD AND OTHERS

Law: Constitution of Pakistan, 1973

Section: 188

Constitution of Pakistan (1973)--   ---Art.188--Supreme Court Rules, 1980, O.XXVI, R.1--Cantonment Land Administration Rules, 1937--Review, scope of challenging in review jurisdiction vires of a memorandum as being opposed to Cantonment Land Administration Rules, 1937--No argument as to vires of memorandum having been raised at time of the hearing of appeal same was not allowed to be agitated considering the scope of review jurisdiction exercised by Supreme Court--[Tufail Muhammad Khan v. Abdul Hamid etc. P L D 1967 Lah. 1058 overruled).   Muhammad Matin Mirza v. Jahangir R. Rustomji, P L D 1980 SC 64 ref. ORDER MUHAMMAD HALEEM, C.J.- The learned counsel for the petitioner challenged the vires of the memorandum No.4952-PI-Reh/60, dated 12-7-1960 as being opposed to the Cantonment Land Administration Rules, 1937, and on that basis further contends that the transfer could not extend to more than three times the plinth area of the land to the respondents in the absence of a special…
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