| Case ID |
38a1459d-1f10-4439-b20e-89a64912079a |
| Body |
View case body. Login to View |
| Case Number |
CPL-203-R of 1989 |
| Decision Date |
Jun 10, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan denied the leave to appeal, emphasizing that jurisdictional questions should be raised at the High Court level rather than through constitutional petitions. The Court highlighted that the Rent Controller's jurisdiction was not barred under the Cantonments Rent Restriction Act, 1963, and that the law provided specific provisions for resolving such issues. The decision underscored the importance of adhering to the legislative intent and the procedural framework established by the law. The ruling reinforced that interim orders lacking finality cannot be appealed and that piecemeal litigation should be avoided. |
| Summary |
This case revolves around the jurisdictional authority of the Rent Controller under the Cantonments Rent Restriction Act, 1963. The petitioner, Pakistan Burmah Shell Ltd., challenged the decision of the Lahore High Court which dismissed a constitutional petition regarding the eviction of a tenant. The Supreme Court clarified the procedural norms and emphasized that jurisdictional objections should be adjudicated at the High Court level. The ruling is significant in the context of rent control laws, highlighting how statutory provisions govern the relationships between landlords and tenants, and the importance of respecting legislative intent. The Court's decision serves as a precedent for future cases involving jurisdictional questions in rent disputes. This case also touches upon key legal principles relevant to constitutional law, the interpretation of statutes, and the procedural dynamics within the judiciary. The keywords for SEO optimization include 'Cantonment Rent Restriction Act', 'jurisdictional authority', 'Supreme Court of Pakistan', 'legal precedent', and 'eviction disputes'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR REHMAN,
ALI HUSSAIN QAZILBASH,
NAIMUDDIN
|
| Lawyers |
Ali Ahmad Fazeel, Senior Advocate Supreme Court,
Manzoor Ilahi, Advocate-on-Record,
Bashir Ahmad Ansari, Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
PAKISTAN BURMAH SHELL LTD.
|
| Respondents |
Mrs. NASREEN IRSHAD and others
|
| Citations |
1989 SLD 1976,
1989 SCMR 1892
|
| Other Citations |
PLD 1961 SC 119,
PLD 1971 Lah. 861,
PLD 1966 (W.P.) Pesh. 159,
PLD 1981 Pesh. 141,
AIR 1953 Travancore-Cochin 205,
AIR 1961 Patna 321,
PLD 1963 Lah. 390,
1976 SCMR 450
|
| Laws Involved |
Cantonments Rent Restriction Act, 1963
|
| Sections |
17
|