| Citation(s) |
|---|
| 2008 SLG 1671 2008 SLD 1671 2008 SCMR 723 |
Supreme Court of Pakistan
Civil Petition No.3402-L of 2001, decision dated: 26-08-2004.(On appeal from the order, dated 14-9-2001 passed by Lahore High Court, Lahore in Writ Petition No.16740 of 2001)
IFTIKHAR MUHAMMAD CHAUDHRY AND TASSADUQ HUSSAIN, JILLANI, JJ
Arif Chaudhry, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Naveed Shahir Yar, Advocate Supreme Court and Haji M. Rafi Siddiqui, Advocate-on-Record for
Respondents Nos.1, 3, 4 and 5. M.A. Ghani, Advocate Supreme Cour
Civil Petition No.3402-L of 2001, decision dated: 26-08-2004.(On appeal from the order, dated 14-9-2001 passed by Lahore High Court, Lahore in Writ Petition No.16740 of 2001)
IFTIKHAR MUHAMMAD CHAUDHRY AND TASSADUQ HUSSAIN, JILLANI, JJ
Arif Chaudhry, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Naveed Shahir Yar, Advocate Supreme Court and Haji M. Rafi Siddiqui, Advocate-on-Record for
Respondents Nos.1, 3, 4 and 5. M.A. Ghani, Advocate Supreme Cour
TOWN COMMITTEE, PIPLAN through Tehsil Nazim, Tehsil Piplan/Nazim Union Council PiplaN
VS
MUHAMMAD HANIF and others
Law:
Section:
Punjab Agricultural Produce Markets Ordinance (XXIII of 1978)---S. 4(3)---Constitution of Pakistan (1973), Art. 185(3)---Administration of justice--High Court could have followed the principles enunciated in a in which point raised in the present matter had been settled, or at least it should have taken into consideration the contentions which were raised by the parties before it and could have disposed of case by passing a speaking order instead of merely observing that Court had already decided all such questions---High Court had a duty to deal with all aspects of the cases after hearing counsel for parties and keeping in view facts and circumstances of case as well as precedent law, if available---In case, High Court having not passed impugned in accordance with law, same was not maintainable---Petition was converted into appeal and impugned order was set side and case was remanded to High Court for fresh disposal after providing opportunity of hearing to all concerned. Market Committee Khudian through its Administrator v. Town Committee Khudian through its Chairman 1992 SCMR 1043 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition has been filed for leave to appeal against the following judgment dated 14-9-2001 passed by Lahore High Court, Lahore whereby writ petition filed by respondents Nos. l to 6 was disposed of:- "14-9-2001. Hafiz Khalil Ahmad, Advocate. Point raised in this writ petition is the same which has already been settled in the case Market Committee, Khudian through its Administrator v. Town Committee Khudian through its Chairman 1992 SCMR 1043 and my judgment dated 30-5-2001 in Writ Petition No.1091 of 2001, the present writ petition is accordingly disposed of with a direction to the respondent to act in the matter strictly in terms of section 4(3) of the Punjab Agricultural Produce Markets Ordinance, 1978." 2. Learned counsel for the petitioner contended that the contentions raised on its behalf were not considered and the learned High Court failed to dispose of the petition by passing a speaking judgment. According to him important questions which were distinct and different from the law laid down in the judgment in the case of…
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