Case Details

Citation(s)
1991 SLG 1112 1991 SLD 1112 1991 SCMR 1152
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.36-R of 1989, decision dated: 26-02-1990(On appeal from the judgment of the Peshawar High Court, dated 30-4-1989, in W.P. No.513/514 of 1984)
MUHAMMAD AFZAL ZULLAH, C.J. AND RUSTAM S. SIDHWA, J

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GOGAI and others

SIRAJ AHMAD and others.

Law:

Section:

Constitution of Pakistan (1973)--Arts. 185(3) & 199---Leave to appeal was granted to examine whether High Court was justified in upsetting findings by three forums below in its discretionary Constitutional jurisdiction; even if it be assumed that there were some defects/errors which required to be rectified, whether it was not necessary and/or proper to remand the case to the designated Authority for fresh decision and whether Constitutional petition was filed by an aggrieved party. ORDER MUHAMMAD AFZAL ZULLAH, CJ. ---Leave to appeal has been sought by the applicants/plaintiffs' side under the Distribution of Property (Chitral) Regulation II of 1974, against the acceptance by the High Court, of respondents' Constitutional (Writ) petition whereby the concurrent findings and decisions in favour of the petitioners' side, by Deputy Commissioner, Chitral, Additional Deputy Commissioner, and Additional Secretary, Home and Tribal Affairs Department, N: W.F.P, were set aside. The dispute relating to grazing right in the disputed…
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