| Case ID |
0f7f650b-2c8d-4988-b5d3-5152b62f3f99 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 9 o |
| Decision Date |
Jan 27, 1964 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal filed by Dauran Khan, reiterating that when an appeal under the Letters Patent is available, the Supreme Court should be reluctant to grant special leave which would undermine the jurisdiction of the High Court. The court emphasized that the remedy under the Letters Patent should be explored before approaching the Supreme Court, thereby preserving the hierarchical structure of judicial review. The court also noted that no peculiar circumstances existed in this case that would justify the grant of special leave, and the matter remains at the discretion of the Supreme Court. The petition was dismissed in limine. |
| Summary |
In the case of Dauran Khan vs. Naseer Muhammad Khan, the Supreme Court of Pakistan addressed the issue of special leave to appeal against an order of a Single Judge of the High Court of West Pakistan. The court highlighted that the petitioner had the option to appeal to a Division Bench under the Letters Patent, and granting special leave could disrupt the established jurisdiction of the High Court. The ruling underscored the importance of exhausting available remedies before seeking intervention from the Supreme Court. The decision clarified the application of Article 58(3) of the Constitution, reaffirming the principle that the Supreme Court should exercise caution in cases with concurrent jurisdiction, distinguishing this case from previous rulings where unique circumstances warranted special leave. The court's dismissal of the petition in limine reflects a commitment to procedural integrity and respect for the High Court's authority. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
FAZLEAKBAR,
B. Z. KAIKAUS,
HAMOODUR RAHMAN, JJ
|
| Lawyers |
Nasim Hasan Shah Senior Advocate Supreme Court,
Kh. Shaukat Ali Advocate Supreme Court,
Khalil-ur-Rehman Attorney
|
| Petitioners |
DAURAN KHAN
|
| Respondents |
NASEER MUHAMMAD KHAN
|
| Citations |
1964 SLD 177,
1964 PLD 136
|
| Other Citations |
Malik Feroze Khan Noon v. The State P L D 1958 S C (Pak.) 333
|
| Laws Involved |
Constitution of Pakistan, 1962
|
| Sections |
58(3),
58
|