| Case ID |
1651da37-ef56-4a3b-9497-951837aeb354 |
| Body |
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| Case Number |
Civil Petition No. 65 of 1982 |
| Decision Date |
Jul 30, 1988 |
| Hearing Date |
Jul 30, 1988 |
| Decision |
The Supreme Court upheld the decision of the Lahore High Court, which had dismissed the petitioners' writ petition based on a technicality concerning the summoning of witnesses. The Court noted that the petitioners had previously approached the High Court regarding the same matter, which had resulted in a dismissal. The Court confirmed that the original order from May 25, 1980, remained intact, thus the petitioners could not succeed in their subsequent petition. The Court found no merit in the petitioners' argument for the High Court to exercise its discretionary jurisdiction in their favor. Consequently, the Court refused leave to appeal, affirming the High Court's ruling as unexceptionable. |
| Summary |
This case revolves around the constitutional jurisdiction of the Supreme Court of Pakistan concerning a writ petition dismissed by the Lahore High Court. The petitioners sought to challenge the dismissal based on the summoning of witnesses, but the Court emphasized that the High Court had previously dismissed a similar petition, and the original order remained in force. The Supreme Court concluded that the discretionary power of the High Court was exercised correctly in refusing to entertain the second petition. This case highlights the importance of procedural integrity in legal proceedings and the limitations of appeals in constitutional matters. The decision reinforces the finality of prior judicial determinations in similar contexts, ensuring that legal processes are not unduly prolonged. The ruling serves as a precedent regarding the exercise of discretionary jurisdiction by High Courts in Pakistan, emphasizing the necessity for petitioners to present compelling reasons for reconsideration of previously decided matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL
|
| Lawyers |
Not available
|
| Petitioners |
others,
MUHAMMAD NAWAZ
|
| Respondents |
another,
Mst. REHMAT BIBI
|
| Citations |
1988 SLD 2886,
1988 SCMR 1976
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
185(3)
|