| Case ID |
45052f57-e115-437c-a329-b2989c4a8614 |
| Body |
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| Case Number |
Civil Review Petition No.47-R of 1987 |
| Decision Date |
Apr 19, 1988 |
| Hearing Date |
May 13, 1987 |
| Decision |
The review petition was dismissed as the court found that there was no basis for the exercise of review jurisdiction. The court concluded that the interpretation of the word 'vest' in the original judgment was correct and that merely because another view was possible, it did not warrant a review. The court reiterated that review jurisdiction is not an opportunity to correct perceived errors in judgment, but only to address oversights or aspects that were not considered. The court emphasized that the intention of Martial Law Regulation No.118 was to take over the management of the institutions, not to confiscate the property. |
| Summary |
This case involves a review petition filed by the Government of Punjab against the Board of Foreign Missions of the Presbyterian Church in the United States of America. The Supreme Court of Pakistan was asked to review its previous decision regarding the interpretation of the word 'vest' in the context of Martial Law Regulation No.118. The court held that the word 'vest' did not imply ownership transfer of the property where privately-managed schools were operating. The review jurisdiction of the Supreme Court is limited to addressing oversights and not for correcting decisions where a different interpretation could be possible. The court dismissed the petition, affirming that the original interpretation was appropriate and that the intention of the regulation was only to manage the institutions, not to take ownership of their properties. This decision underscores the limited scope of review jurisdiction and the importance of statutory interpretation in Pakistani constitutional law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
THE GOVERNMENT OF PUNJAB,
THE BOARD OF FOREIGN MISSIONS OF THE PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA
|
| Judges |
MUHAMMAD HALEEM, C.J.,
NASIM HASAN SHAH,
SHAFIUR RAHMAN
|
| Lawyers |
Khalil Ramdey, A.G. Punjab,
Rao Muhammad Yousaf, Advocate-on-Record,
Sh. Shaukat Ali, Senior Advocate Supreme Court,
Manzoor Elahi, Advocate-on-Record
|
| Petitioners |
THE GOVERNMENT OF PUNJAB through Secretary Education Department
|
| Respondents |
THE BOARD OF FOREIGN MISSIONS OF THE PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA through Lahore Church Council
|
| Citations |
1988 SLD 296,
1988 PLD 382
|
| Other Citations |
Lt.-Coz. Nawabzada Muhammad Amir Khan v. The Collector of Estate Duty, Government of Pakistan, Karachi and another P L D 1962 S C 335
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
188
|