| Citation(s) |
|---|
| 1994 SLG 353 1994 SLD 353 1994 PLC 623 |
Supreme Court of Pakistan
On appeal from the judgment dated 25-4-1993 passed by a learned Single Judge of the Lahore High Court, Rawalpindi Bench, in Writ Petition No. 153-D of 1985
MUHAMMAD RAFIQ TARAR AND SAEEDUZZAMAN SIDDIQUI, JJ
Muhammad Munir Piracha, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Petitioner. M. Bilal, Senior Advocate Supreme Court and Ejaz M. Khan, Advocate-on-Record for
Respondent No. 1. Muhammad Younas (Office Assistant) for Re
On appeal from the judgment dated 25-4-1993 passed by a learned Single Judge of the Lahore High Court, Rawalpindi Bench, in Writ Petition No. 153-D of 1985
MUHAMMAD RAFIQ TARAR AND SAEEDUZZAMAN SIDDIQUI, JJ
Muhammad Munir Piracha, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Petitioner. M. Bilal, Senior Advocate Supreme Court and Ejaz M. Khan, Advocate-on-Record for
Respondent No. 1. Muhammad Younas (Office Assistant) for Re
MUHAMMAD BAKHSH
VS
MUHAMMAD JAN and 2 others
Law:
Section:
Salt Miner Service and Conduct Regulation, 1976R. 4Constitution of Pakistan (1973), Art. 185(3)Transfer of miner bookEntitlement-Petitioner and -Respondent both were nephews of deceased miner in the same degreeFinding of Trial Court that -Petitioner was entitled to hold miner book of deceased was reversed in appealHigh Court maintained decision of Appellate CourtValidityFinding of Appellate Court and Revisional Court that cause of action had arisen on the death of miner when -Petitioner was admittedly in Government service, therefore, it was not proper exercise of jurisdiction to transfer miner book to him ignoring -Respondent-Petitioner had not been able to point out any infirmity or legal error in impugned judgments justifying interference by Supreme CourtLeave 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 2541993 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…
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