| Case ID |
1b7f4231-769b-470c-97b4-201e8020c432 |
| Body |
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| Case Number |
Civil Petitions Nos. 1472 and 1483 of 1980 |
| Decision Date |
Aug 19, 1984 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the civil petitions filed by the petitioners, ruling that the High Court lacked the jurisdiction to entertain the submissions, as the petitioners had previously lost in the highest court. The court emphasized that frivolous and vexatious litigation should not go unnoticed and directed the petitioners to pay costs to the respondents. The decision reinforced the principle that once a matter has been concluded, further attempts to litigate the same issue are not permissible. This ruling prevents abuse of the legal process and serves to protect judicial resources from being wasted on repetitive claims. |
| Summary |
In the case of Civil Petitions Nos. 1472 and 1483 of 1980, the Supreme Court of Pakistan addressed the issue of writ jurisdiction under the Constitution of Pakistan. The court ruled that the High Court could not be issued a writ as it did not qualify as a 'person' under Article 199. The petitioners had previously lost their cases in the Lahore High Court and the Supreme Court, leading to the dismissal of their current petitions as frivolous. The court highlighted the need to discourage repeated litigation on matters already settled, thus protecting the judicial system from misuse. The ruling involved key legal principles concerning the limitation of writ jurisdiction and the awarding of costs in cases deemed vexatious. This case underscores the importance of finality in legal proceedings and the court's commitment to maintaining the integrity of the judicial process. Keywords: writ jurisdiction, frivolous litigation, High Court, Supreme Court, legal principles, judicial process, costs. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
M.S.H. QURAISHI,
MUHAMMAD RAFIQ
|
| Lawyers |
Not available
|
| Petitioners |
Muhammad Rafiq,
Muhammad Shafi,
Muhammad Yaqub
|
| Respondents |
others,
ATAULLAH
|
| Citations |
1985 SLD 711,
1985 SCMR 1226
|
| Other Citations |
Asif Jah Siddiqi v Government of Sind P L D 1983 S C 46
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908),
Supreme Court Rules, 1980
|
| Sections |
185(3),
199,
151,
O. XIII, r. 5,
O. XXVIII, r. 3
|