| Citation(s) |
|---|
| 2008 SLG 1634 2008 SLD 1634 2008 SCMR 575 |
Supreme Court of Pakistan
Civil Review Petition No.60-L of 2003 in Civil Petition No.1219-L of 1999, decision dated: 30-01-2008. (On review of this Courts order, dated 18-2-2003 passed in Civil Petition No.1219-L of 1999)
MIAN HAMID FAROOQ AND SYED SAKHI HUSSAIN BOKHARI, JJ
Abdur Rashid Qureshi, Advocate Supreme Court for Petitioner. Nemo for
Respondent
Civil Review Petition No.60-L of 2003 in Civil Petition No.1219-L of 1999, decision dated: 30-01-2008. (On review of this Courts order, dated 18-2-2003 passed in Civil Petition No.1219-L of 1999)
MIAN HAMID FAROOQ AND SYED SAKHI HUSSAIN BOKHARI, JJ
Abdur Rashid Qureshi, Advocate Supreme Court for Petitioner. Nemo for
Respondent
Mirza SHAHJEHAN HAIDER GORGANI
VS
CHAIRMAN, FEDERAL LAND COMMISSION, ISLAMABAD and others
Law:
Section:
(a) Constitution of Pakistan (1973)---Art. 188---Supreme Court Rules, 1980, O.XXVI, R.1---Civil Procedure Code (V of 1908), O. XLVII, R.1---Review of Supreme Court ---Review of order passed in petition for leave to appeal---Ground raised in review was not raised by petitioner while arguing petition for leave to appeal---Effect---Such ground would not constitute either an error apparent on the face of record or discovery of new and important facts and evidence on record, which were sine qua non for exercise of review jurisdiction by Supreme Court---Petitioner could not raise such ground in review petition. Mian Rafique Saigol and another v. Bank of Credit and Commerce International (Overseas) Ltd. and another PLD 1997 SC 865; Mst. Kalsoom Malik and others v. Assistant Commissioner and others 1996 SCMR 710 and Daewoo Corporation v. Zila Council, Jhang and 2 others 2004 SCMR 1213 rel. (b) Land Reforms Regulations, 1972 [M.L.R. 115]--- ----Paras. 4 & 29---Land Reforms Regulations (Validation of Orders) Ordinance (XXIX of 1978), S.2---Order passed on 23-5-1999 by Chairman, Federal Land Commission singly---Validity---Order of Chairman or Member of Commission, if passed singly before 25-6-1978, stood validated by Land Reforms Regulations (Validation of Orders) Ordinance, 1978---Federal Government through Notification No.R-1972/LR-1-78, dated 23-9-1978 had authorized Chairman and each member of the Commission to act severally---Such order, dated 23-5-1999 was validly passed in view of Notification, dated 23-9-1999. Muhammad Hussain Munir and others v. Sikandar and others PLD 1974 SC 139 ref. Mst. Tayyaba Khanam and others v. Chairman Federal Land Commission and others 1984 SCMR 1110 rel. ORDER MIAN HAMID FAROOQ, J.--- Mirza Shahjahan Haider Gorgani, the petitioner, through the present petition, seeks review of order, dated 18-2-2003, whereby this Court dismissed his petition for leave to appeal (Civil Petition No.1219-L of 1999). 2. The facts of case as capitulated in order under review read as follows:- "(2) Precisely stated the facts of the case as enumerated in the impugned order are to the effect that "petitioner's father. Mirza Munawar Hussain Haider Gorgani…
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