| Case ID |
1a39d6da-c20c-49b8-851a-fc0805452ea9 |
| Body |
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| Case Number |
Civil Appeal No. 53 of 1990 |
| Decision Date |
Nov 18, 1990 |
| Hearing Date |
Nov 17, 1990 |
| Decision |
The Supreme Court partially allowed the appeal concerning whether the High Court was required to treat the appeal as a revision petition. The court held that the High Court possesses the authority to correct any illegality resulting in a miscarriage of justice under the relevant laws. However, the request for condonation of the delay was refused. The judges emphasized the importance of the High Court's supervisory powers and clarified that remanding the case is not always necessary when the High Court omits to decide on a particular point. |
| Summary |
This case revolves around the interpretation of the powers of the High Court under the Azad Jammu and Kashmir Interim Constitution Act and the Courts and Laws Code Act. The Supreme Court considered the implications of treating appeals as revisions and the High Court's ability to rectify injustices. The decision highlights the balance between procedural rules and the pursuit of justice, emphasizing the judiciary's role in safeguarding legal rights. Legal practitioners must be aware of these precedents when navigating appeals and revisions in similar contexts. This case serves as a crucial reference point for understanding appellate procedures in the region and the discretionary powers of the judiciary. Keywords: Supreme Court, appeal, revision, High Court, Azad Jammu and Kashmir, legal procedures, miscarriage of justice, judicial powers. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Sardar Said Muhammad Khan, CJ,
Basharat Ahmed Shaikh, J
|
| Lawyers |
Syed Mushtaq Hussain Gillani
|
| Petitioners |
Muhammad Aslam Khan
|
| Respondents |
another,
Mst. Akbar Jan
|
| Citations |
1991 SLD 1685,
1991 CLC 360
|
| Other Citations |
P L D 1984 SC (A J & K) 166,
P L D 1988 SC (AJ&K) 27
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974),
Azad Jammu and Kashmir Courts and Laws Code Act, 1949,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
35,
55,
115
|