| Case ID |
3b9cc1c8-96f7-4f27-83e6-a1f2d5c23f1e |
| Body |
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| Case Number |
Civil Appeal No. 174 of 1977 |
| Decision Date |
Feb 26, 1985 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal, holding that the remand order by the High Court was based on an earlier view of the law that had since been superseded by a subsequent enunciation of law by the Supreme Court. The court emphasized that the remand order could not operate as a bar against the constitutional provision that gives effect to the Supreme Court's latest interpretation of the law. The decision clarified that the appeal did not have substance since the law governing the rights of allottees had changed, and the previous conclusions drawn by the lower courts were no longer applicable. The court reaffirmed the binding nature of its decisions on all other courts in Pakistan under Article 189 of the Constitution, which stipulates that decisions based on legal principles must be upheld. |
| Summary |
This case revolves around the issue of pre-emption rights concerning agricultural land allotted to a refugee from Jammu and Kashmir. The Supreme Court of Pakistan addressed the implications of a remand order issued by the Lahore High Court, which had relied on outdated legal principles. The court highlighted the importance of the Supreme Court's authority in establishing binding legal precedents. The ruling underscored the necessity for courts to adhere to the latest interpretations of law, especially when prior rulings have been superseded. The decision ultimately emphasizes the dynamic nature of legal interpretations and the necessity for courts to remain updated on evolving laws to ensure justice and compliance with constitutional mandates. The case serves as a crucial reference for matters relating to land rights, pre-emption laws, and the authority of the Supreme Court in shaping legal standards in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
MUHAMMAD AFZAL ZULLAH,
NASIM HASSAN SHAH, JJ
|
| Lawyers |
Maulvi Sirajul Haq,
M. A. Siddiqi,
M. Yusuf Saraf,
Karam Elahi
|
| Petitioners |
ROSHAN ALI
|
| Respondents |
MOOR KHAN,
Ex parte Nos. 2 to 4
|
| Citations |
1985 SLD 247,
1985 PLD 228
|
| Other Citations |
Saeed Muhammad and another v. Talib Hussain Shah, 1970 S C M R 641,
Sultan Muhammad v. Muhammad Siddiq P L D 1973 S. C. 347,
Abdul Hakim and 2 others v. Saadullah Khan and 2 others P L D 1970 S C 63,
Nainsingh v. Koonwarjee A I R 1970 S C 997,
Income-tax Officer, Central Circle II, Karachi and another v. Cement Agencies Ltd. P L D 1969 S C 322
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908),
Punjab Pre-emption Act (I of 1913)
|
| Sections |
185 (3),
189,
105 (2),
4,
6
|