| Citation(s) |
|---|
| 2007 SLG 4099 2007 SLD 4099 2007 PLD 92 |
Supreme Court (AJ&K)
Civil Review Petition No. 13 of 2001, decided on 30th May, 2007.
MUHAMMAD REAZ AKHTAR CHAUDHRY, CHIEF, JUSTICE AND KHAWAJA SHAHAD AHMED, JUSTICE
Asghar Ali Malik for
Respondents.
Civil Review Petition No. 13 of 2001, decided on 30th May, 2007.
MUHAMMAD REAZ AKHTAR CHAUDHRY, CHIEF, JUSTICE AND KHAWAJA SHAHAD AHMED, JUSTICE
Asghar Ali Malik for
Respondents.
MUJAHID HUSSAIN NAQVI
VS
AZAD GOVERNMENT AND others
Law:
Section:
(a) Civil Procedure Code (V of 1908)---.--- ---.----S. 114 & O.XLVII, R.1---.---Azad Jammu and Kashmir Supreme Court Rules, 1978, O.XLVI, R.1---.---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42-A(1)---.---Review of Supreme Court ---.---Issue or question decided by court erroneously or illegally---.---Review---.---Scope---.---Denial of justice to a person on basis of technicalities would not be justified---.---Greatness of a person would be to realize his mistake and correct same, but not to make same an issue of prestige and insist upon same---.---If one felt that any question was decided by him illegally or by not applying raw properly, then his basic duty would be to correct the wrong---.---Holy Prophet and pious persons whenever found that some error was committed by them, they immediately sought forgiveness and refuge from God and reviewed their wrongdoings---.---Administration of justice to parties being fundamental duty of all courts, court would be bound to ignore such law or rules of procedure not fulfilling its basic object, but being enjoinder of injustice or an hindrance in the way of justice---.---Moral and legal duty of Supreme Court was to ensure doing of complete justice to every one in every case matter---.---If an issue/question decided by Supreme Court found to be resolved illegally, then its refusal to review same would amount to injustice i.e. negation of justice---.---Principles. Khuda Dad v. Ahmad Khan 1988 CLC 25; Mir Mazar v. Azim PLD 1993 SC 332; Haji Muhammad Islam v. Muhammad Rafiq and 2 others 1991 CLC 84; Ch. Zahur Ilahi v. The State PLD 1977 SC 273; Surah Al-Ambia Verses 77 and 78; Zia-ul-Qur'an Vol. 3, pp.117 and 178 by Pir Muhammad Karam Shah and Tafseer Ibn-e-Kaseer, Vol. 3, pp.414 and 415 by Hafiz Emad-ud-Din Abul Fida Ibn-e-Kaseer rel. Zulfiqar Ali Bhutto v. The State PLD 1979 SC 741; Lt.-Col. Nawabzada Muhammad Ameer Khan v. The Controller of Estate Duty Government of Pakistan PLD 1962 SC 335; Muhammad Yousaf Sani v. Azad Government and 4 others 1996 SCR 370; Allah Ditta and others v. Mehrban and others 1992 SCR 145; Zafar Iqbal v. Allotment Committee of Municipal Committee Mirpur and others 1994…
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