Law:

Section:

(a) Constitution 9f Pakistan (1973) Art. 199 Constitutional jurisdiction, exercise of Scope Petitioner in his Constitutional petition had assailed findings of Courts below which pertained to the appreciation of facts and had not pointed out any error of law in appreciating the evidence by the Courts below No plea of non-exercise of jurisdiction or excess of jurisdiction or any other illegality had been raised by the petitioner When Courts below were competent to decide the issue of facts and had decided the same on appreciation of entire evidence brought on record, then merely because a party was aggrieved with the finding of fact, would not provide justification for invoking Constitutional jurisdiction of High Court. (b) Constitution of Pakistan (1973) Art. 199 Constitutional jurisdiction Scope Finding of fact If a Court or Tribunal had the jurisdiction to decide certain issue, the discretion so vested could be exercised in accordance with the settled principles of law Even if the finding of fact was assailed as wrong, it would not provide justification for invoking Constitutional jurisdiction of High Court. Utility Stores Corporation of Pakistan Limited v. Punjab Labour Appellate Tribunal and others PLD 1987 SC 447; Muhammad Hussain Munir's case PLD 1974 SC 139 and Zulfiqar Khan Awan's case 1974 SCMR 530 ref. (c) Constitution of Pakistan (1973) Art. 199 Constitutional jurisdiction Scope Where there was any error of law in the case and any party had not been dealt with in accordance with law that would amount to a jurisdictional error making the finding without jurisdiction thereby providing justification for invoking of Constitutional jurisdiction of High Court If any mistake in appreciation of facts was alleged that would not provide a justification for invoking of Constitutional jurisdiction because the Tribunal or Court of competent jurisdiction had the discretion to appreciate the facts and to give finding accordingly So long a finding of fact was not shown to have done any violence to the express provision of law or any statute, the Court would not be deemed to have acted beyond jurisdiction Merely because two views were possible or any other view could…

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