| Case ID |
513b1409-3c01-4821-ba0c-b602a3567dd1 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No.720 |
| Decision Date |
Aug 12, 1984 |
| Hearing Date |
|
| Decision |
In the case of ABDUL LATIF versus DEPUTY SETTLEMENT COMMISSIONER and others, the Supreme Court of Pakistan, presided over by Justices MUHAMMAD AFZAL ZULLAH and M.S.H. QURAISHI, deliberated on the Civil Petition for Special Leave to Appeal No.720 of 1980. The petitioner sought to challenge the decision of the Lahore High Court dated April 9, 1980, pertaining to an Intra-Court Appeal in a land settlement case. The Supreme Court reviewed the petitioner's claims that the authority's assumption regarding the Rehabilitation Settlement Scheme was factually incorrect. However, the court noted that the petitioner did not raise this contention before the High Court despite having ample opportunities to do so, nor was there sufficient material presented to substantiate the claim that the authority's assumption was erroneous. Given that the issue was primarily factual and not adequately addressed at the previous judicial levels, the Supreme Court declined to interfere at the leave granting stage and subsequently refused the leave to appeal. The decision underscores the importance of timely and substantive challenges in legal proceedings and reaffirms the judiciary's role in adhering to procedural propriety. |
| Summary |
In the landmark decision of ABDUL LATIF versus DEPUTY SETTLEMENT COMMISSIONER and others, the Supreme Court of Pakistan addressed critical issues surrounding the Rehabilitation Settlement Scheme under Article 185(3) of the Constitution of Pakistan, 1973. The petitioner, ABDUL LATIF, sought special leave to appeal against a decision by the Lahore High Court that dismissed his Intra-Court Appeal related to a land settlement case. The core contention revolved around the factual accuracy of the assumption made by the Deputy Settlement Commissioner regarding the allotment scale under the Rehabilitation Settlement Scheme. Despite the petitioner's claims of factual inaccuracies, the Supreme Court observed that he failed to present substantial evidence or adequately challenge the authority's assumptions during the initial hearings. The court emphasized the necessity for petitioners to utilize judicial opportunities effectively and present clear, evidence-based arguments when disputing administrative decisions. By declining to grant leave to appeal, the Supreme Court reinforced the importance of procedural compliance and the burden of proof resting on the petitioner to substantiate claims of factual errors. This decision highlights the judiciary's commitment to maintaining procedural integrity and ensuring that appeals are grounded in solid evidence, thereby influencing future cases related to land settlements and administrative law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Deputy Settlement Commissioner
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
M.S.H. QURAISHI
|
| Lawyers |
Not available
|
| Petitioners |
ABDUL LATIF
|
| Respondents |
DEPUTY SETTLEMENT COMMISSIONER and others
|
| Citations |
1985 SLD 371,
1985 SCMR 102
|
| Other Citations |
I.C.A. No. 3 of 1980
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
185(3)
|