| Citation(s) |
|---|
| 1994 SLG 866 1994 SLD 866 1994 SCMR 1668 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 279 of 1993, decision dated: 30-11-1993
MUHAMMAD RALIQ TARAR AND SAEEDUZZAMAN SIDDIQUI, JJ
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Civil Petition for Leave to Appeal No. 279 of 1993, decision dated: 30-11-1993
MUHAMMAD RALIQ TARAR AND SAEEDUZZAMAN SIDDIQUI, JJ
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MUHAMMAD BAKHSH
MUHAMMAD JAN and others
Law:
Section:
Salt Miner Service and Conduct Regulation, 1976--R. 4---Constitution of Pakistan (1973), Art. 185(3)---Entitlement to hold miner book of deceased miner---Cause of action had arisen on the death of miner when petitioner was admittedly in Government service---Petitioner and respondent were both nephew of deceased miner in the same degree--Petitioner, being in 'Government service, transfer of miner book to him by Trial Court ignoring respondent was not proper exercise of jurisdiction by it---Trial Court's decision was reversed in appeal whereby Appellate Court found that respondent was entitled to hold the miner book and such decision was upheld by the High Court---Petitioner had not been able to point out any infirmity or legal error in the impugned s justifying interference by Supreme Court---Leave to appeal was refused in circumstances. JUDGMENT MUHAMMAD RAFIQ TARAR, J.---Muhammad Bakhsh petitioner seeks leave to appeal against the judgment of a learned Single Judge of the Lahore High Court dated 25-4-1993 whereby his revision petition against the judgment and decree passed by the learned District Judge was dismissed. The finding of the Civil Court that the petitioner herein was entitled to hold the miner book of Fazal Ilahi deceased was reversed in appeal by the learned District Judge who found the respondent entitled to hold the same. 2. Rule 4 of the Salt Miner Service and Conduct Regulation, 1976 governs the transfer of the miner book. The relevant provision is reproduced below:- "(i) ..................................... (ii) On the death of a miner his book shall be given to one of the following relations in the order…
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