Case Details

Citation(s)
2010 SLG 2740 2010 SLD 2740 2010 PLD 47
Supreme Court (AJ&K)
Civil Review Petition No. 4 of 2007, decided on 4th May, 2010.
SYED MANZOOR HUSSAIN GILANI, A.C.J. AND CH. MUHAMMAD IBRAHIM ZIA, JUSTICE
M. Tabassum Aftab Alvi for
Respondent No.1.

HAJI NAZEER AHMED

VS

RAJA MUHAMMAD SAEED KHAN AND 11 others

Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---.--- ---.----S. 42-D---.---Azad Jammu and Kashmir Supreme Court (Powers of Review) Act, 1980, S.2---.---Azad Jammu and Kashmir Supreme Court Rules, 1978, O.XLVII, R.1---.---Powers of review by Supreme Court---.---Scope---.---Supreme Court was empowered to review its , if there was some mistake or error apparent on the face of record or for any other sufficient reason "---.---Words "any other sufficient reason" had empowered the Supreme Court to review its without any hesitation, if the court was satisfied that the conclusion drawn in the or order under review was not legal or just one; and the same could cause injustice to the legal rights of any party---.---In such a case for doing, complete justice and being the apex Court, for enunciation of principle of law to be followed by other courts, review was justified---.---Scope of review, in civil cases, was wider than the criminal cases; in a civil case, if a mistake or error apparent on the face of record or any other sufficient reason was discovered which called for review, then review jurisdiction could be exercised for avoiding injustice, but that would depend upon the facts and circumstances of each case---.---In the present case, appreciation of important, cogent documentary evidence was not discussed in the under review; rather the was totally silent in that regard, which had clearly proved that said cogent evidence remained unattended by the court---.---Such would depict that the material evidence was not considered and appreciated while delivering the under review which was a sufficient reason for acceptance of review petition---.---Review petition was allowed. Zafar Iqbal v. Allotment Committee of Municipal Committee Mirpur and others 1994 SCR 157; Rashida Awan v. District Education Officer and 8 others 2007 SCR 406; Abdul Qadir and 2 others v. Abdur Rehman and 5 others 1999 SCR 323; Ghulam Akram and 5 others v. Syed Shabbir Hussain Shah and 10 others PLD 1986 SC)AJ&K) 56; Managing Director Sui Southern Gas Company Ltd. Karachi v. Ghulam Abbas and others PLD 2003 SC 724; Suba through Legal Heirs v. Fatima Bibi through Legal Heirs…
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