| Case ID |
1ffee618-7a0a-4175-af67-513edfa4a606 |
| Body |
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| Case Number |
Civil Appeal No. 1 of 1973 |
| Decision Date |
Jun 21, 1973 |
| Hearing Date |
Jun 20, 1973 |
| Decision |
The Supreme Court of Pakistan accepted the appeal and set aside the order of the Lahore High Court, restoring the decision of the Member, Board of Revenue. The Court emphasized that the High Court misdirected itself by interfering with the order on the basis of equitable considerations, which is not within its jurisdiction under Article 98 of the 1962 Constitution. The Court reaffirmed that where a tribunal has jurisdiction, its decision, even if erroneous, does not equate to acting without lawful authority. The judgment clarified that the principles of law must prevail over equitable considerations in judicial matters. |
| Summary |
In the case of Civil Appeal No. 1 of 1973, the Supreme Court of Pakistan addressed the issue of jurisdictional authority in the context of land consolidation under the Punjab Consolidation of Holdings Act, 1936. The appeal arose from a decision by the Lahore High Court that set aside the order of the Board of Revenue on equitable grounds. The Supreme Court ruled that the High Court exceeded its jurisdiction by interfering with the Board's decision, emphasizing that jurisdictional authority must be respected. The case highlights the distinction between errors of law and jurisdictional defects, reaffirming that a tribunal's decision does not lose its authority simply because it is deemed incorrect. This ruling is significant for legal practitioners and scholars, as it clarifies the boundaries of judicial review and the principles underpinning administrative decisions in land matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
Board of Revenue,
Consolidation Officer
|
| Judges |
HAMOODUR REHMAN, C.J.,
MUHAMMAD YAQUB ALI,
MUHAMMAD GUL, JJ
|
| Lawyers |
Wasim Sajjad,
Rana Maqbul Ahmad Kadri,
Sh. Ghias Muhammad,
Tan Ahmad
|
| Petitioners |
others,
MUHAMMAD HUSAIN MUNIR
|
| Respondents |
others,
SIKANDAR
|
| Citations |
1974 SLD 279,
1974 PLD 139
|
| Other Citations |
Badrul Haque Khan v. Election Tribunal, Dacca and others P L D 1963 S C 704,
Nat Bell Liquors Ltd's case (1922) A C 128,
Baldwin and Francis Ltd. v. Patent Appeal Tribunal (1959) 2 A E R 433 (H L)
|
| Laws Involved |
Constitution of Pakistan (1962),
Constitution of Pakistan (1973),
Punjab Consolidation of Holdings Act (IV of 1936),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 98(1)(a)(ii),
Art. 199(1)(a)(ii),
Ss. 24 & 2(b),
S. 115
|