Case Details

Citation(s)
2010 SLG 2827 2010 SLD 2827 2010 SCMR 1429
Supreme Court of Pakistan
Civil Petition No.1579-L of 2007, decision dated: 7-04-2010
RAJA FAYYAZ AHMAD AND CH. IJAZ AHMED, JJ

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NAZAR and others

VS

. MEMBER (JUDICIALII) BOR

Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 189 & 190---Judgment of Supreme Court---Scope---Executive order---Effect---Judgment of Supreme Court is binding on each and every organ of the State by virtue of Arts. 189 and 190 of the Constitution---Once matter has been finally adjudicated by Supreme Court then it is binding between the parties---Judgment of Supreme Court cannot be overridden or nullified by any executive order, rule or a dispensation short of legislative will. Pir Bakhsh's case PLD 1987 SC 145; Works Co-operative Housing Society and another v. The Karachi Development Authority PLD 1969 SC 430; Capt. (Retd) Abdul Qayyum, Executive Engineer v. Muhammad Iqbal Khokhar and 4 others PLD 1992 SC 184; Al-Jehad Trust v. Federation of Pakistan PLD 1997 SC 84 and Province of the Punjab v. Dr. S. Muhammad Zafar Bukhari PLD 1997 SC 351 rel. (b) Administration Justice--- ----Judgment of Civil Court has to be given due weight as compared to the order of revenue authorities. (c) Specific Relief Act (I of 1877)--- ----S.42---Civil Procedure Code (V of 1908), S.11----Constitution of Pakistan (1973), Arts. 185(3), 189 & 201---Gift transaction---Proof---Judgment of Supreme Court---Ground not raised---Effect---Petitioners assailed mutation of gift in favour of respondents, Civil Court dismissed the suit and passed by Civil Court was maintained upto the Supreme Court---During the proceedings before Civil Court, petitioners also assailed the mutation of gift before revenue authorities---High Court, in exercise of Constitutional jurisdiction, maintained the decision of Supreme Court, which was in favour of respondents---Validity---Decisions of Supreme Court were binding and must be valid by all Courts and authorities---Courts should not allow a of Supreme Court to be challenged even on the ground which was not 'taken before Supreme Court---Civil Court or any other authority had no jurisdiction to entertain any application or any civil suit regarding the subject-matter which had already been set at right by Supreme Court---Petitioners failed to point out any illegality or infirmity in the passed by High Court---Leave to appeal was refused. State v. Mujibur…
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