Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 185(3)---Reappraisal of evidence---Principles---Misreading and non-reading of evidence---Onus to prove---Supreme Court does not normally go behind concurrent findings of fact recorded by High Court, while exercising power under Art.185(3) of the Constitution, unless and until it can be shown that such finding is on the face of it, against evidence or so patently improbable or perverse that to accept same could amount to perpetuating a grave miscarriage of justice or if there has been any misapplication of principle relating to appreciation of evidence and finally if finding-can be demonstrated to be physically impossible--Such being the practice. and rule of Supreme Court in criminal petitions, burden lies heavily on -Petitioner to show that findings recorded by High Court are not sustainable on the record and should be interfered with by Supreme Court---Finding of fact may be interfered with where circumstances of the case vitiate finding or where finding of fact is based on no evidence or an important point of evidence has not been taken into consideration or a finding arrived at by misreading certain documents and by relying upon certain passages in documents, which do not-refer to the, property in dispute. Ghulam Mustafa's case PLD 1964 Lah. 9; Mofizur Rehman Chowdhury's case 1968 PCr.LJ 599; Dulare Kumar's case AIR 1947 Pat. 1.75; Abdul Hanif Khan's case PLD 1968 Pesh. 214; Jabbar Ali Ghazi's case 1969 PCr.LJ 784; Noora's case PLD 1973 SC 469 and Nawab Syed Raunaq Ali's case PLD 1973 SC 236 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 145---Constitution of Pakistan (1973), Art.185(3)---Possession of immovable property---Duty of Magistrate---Principles---Proceedings under S.145, Cr. P.C. were initiated and premises in ,question were sealed by Magistrate---After inquiry, Magistrate handed over the possession to -Petitioners---Order passed by Magistrate was maintained by lower Appellate Court---High Court in exercise of revisional jurisdiction set aside the concurrent findings of two courts below on the ground that at the time of sealing, premises in question was in the possession of -Respondents thus,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492