| Case ID |
36918978-5de8-4fa6-8d7c-30fc3f90b0dc |
| Body |
View case body. Login to View |
| Case Number |
Writ Petitions Nos.4149 and 4150 of 1999 |
| Decision Date |
Jul 02, 1999 |
| Hearing Date |
Jul 02, 1999 |
| Decision |
The Lahore High Court dismissed the writ petitions filed by Hafiz QAMAR QAYYUM against the order of the Additional District Judge, Kasur, which had reversed the trial court's dismissal of the respondents' application under section 35 of the Punjab Pre-emption Act. The court noted that the petitioner was estopped from raising issues that had not been contested in lower courts, emphasizing that the conduct of the petitioner in abandoning points in earlier proceedings prevented them from presenting new arguments in the constitutional petition. The court found no error in the appellate court's order, affirming that the respondents needed to establish the maintainability of their suit under the provisions of the Punjab Pre-emption Act. As a result, the petitions were dismissed with no order as to costs. |
| Summary |
This case revolves around the implications of the Punjab Pre-emption Act, specifically sections 6 and 35, and the constitutional jurisdiction under Article 199 of the Constitution of Pakistan. The Lahore High Court addressed the procedural dynamics of pre-emption suits and the necessity for petitioners to maintain consistency in their arguments across different judicial proceedings. The court's decision underscores the principle that parties cannot raise issues that were previously abandoned in earlier courts, thereby reinforcing the importance of procedural integrity in judicial processes. This ruling serves as a critical reference for future litigants regarding the strategic considerations involved in pre-emption claims and the potential consequences of failing to assert claims in a timely manner. The case highlights the intricate interplay between statutory provisions and constitutional review, providing valuable insights for legal practitioners navigating similar disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
RAJA MUHAMMAD SABIR, J
|
| Lawyers |
Ch. Abdul Razzaq Kamboh,
Ch. Masood Ahmad Bajwa
|
| Petitioners |
Hafiz QAMAR QAYYUM
|
| Respondents |
2 others,
ADDITIONAL DISTRICT JUDGE, KASUR
|
| Citations |
2000 SLD 1760 = 2000 CLC 52
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act,
Constitution of Pakistan
|
| Sections |
6,
35,
199
|