| Case ID |
2c791753-bf12-40c5-8d54-12dde9d707ea |
| Body |
View case body. Login to View |
| Case Number |
Civil Review Petition No.131 of 2007 in Civil Appe |
| Decision Date |
Apr 03, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court, in dismissing the review petition filed under Article 188 of the Constitution, reaffirmed that issues previously raised and considered cannot be re-agitated in review jurisdiction unless it is shown that an important question of law was overlooked. The Court noted that the mere possibility of another view or an assertion that the conclusion was incorrect does not constitute a valid ground for review. Therefore, the judgment dated 10-4-2007, which dismissed the Civil Appeal No.93 of 2003, remains intact. |
| Summary |
This case revolves around the review petition filed under Article 188 of the Constitution of Pakistan regarding a civil appeal. The Supreme Court emphasized the principles governing review jurisdiction, particularly that previously addressed issues cannot be revisited unless there is a clear oversight of an important legal question. The ruling clarifies the boundaries of review petitions, affirming the finality of judgments unless there are compelling reasons to revisit them. This case is crucial for understanding the limits of judicial review in Pakistan's legal framework and highlights the importance of presenting new legal questions for consideration. The decision reinforces the standard that a mere disagreement with the Court's conclusion does not suffice for a review, ensuring that the judicial process maintains its integrity and efficiency. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NAWAZ ABBASI,
MIAN HAMID FAROOQ,
MUHAMMAD FARRUKH MAHMUD
|
| Lawyers |
|
| Petitioners |
Sheikh FATEH MUHAMMAD,
MUHAMMAD ADIL
|
| Respondents |
Not available
|
| Citations |
2008 SLD 2129,
2008 SCMR 1007
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Supreme Court Rules, 1980
|
| Sections |
188,
O.XXVI, R. 1
|