| Case ID |
e94a74d0-052d-434a-a04b-88becfdc185c |
| Body |
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| Case Number |
Writ Petition No. 2363 of 2022 |
| Decision Date |
Sep 08, 2022 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by the petitioners, AZEEM KHAN and another, on the grounds of frivolity and vexatiousness. The court noted that the petitioners had previously withdrawn a similar constitutional petition without permission, which precluded them from filing a new one on the same cause of action. The court found that concealment of material facts and the filing of a civil suit on the same matter rendered the petition inadmissible. The petitioners were ordered to pay costs of Rs. 100,000, reflecting the serious nature of their concealment and the misuse of the court's constitutional jurisdiction. |
| Summary |
In the case of Writ Petition No. 2363 of 2022, the Lahore High Court addressed the issues surrounding the constitutional jurisdiction and the principles of clean hands in litigation. The petitioners sought to invoke the court's jurisdiction shortly after withdrawing a prior petition concerning the same matter, without disclosing the pendency of a civil suit on the same subject. The court emphasized the importance of transparency and honesty in legal proceedings, stating that concealment of material facts undermines the integrity of the judicial process. The decision serves as a reminder to litigants that they must approach the court with complete and honest disclosures to be granted equitable relief. The court dismissed the petition, highlighting the need to respect procedural norms and the consequences of attempting to manipulate jurisdiction for personal gain. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Not available
|
| Judges |
Mirza Viqas Rauf
|
| Lawyers |
Fazli Qadir Khan,
Ms. Amna Ali, Assistant Advocate General for Punjab,
M. Ahsan Saleem, Assistant Director Mines and Minerals,
Mujiib ur Rehman Kiani
|
| Petitioners |
,
AZEEM KHAN
|
| Respondents |
6 others,
GOVERNMENT OF THE PUNJAB through Secretary Mines and Minerals, Punjab Secretariat, Lahore
|
| Citations |
2023 MLD 1611,
2023 SLD 1818
|
| Other Citations |
Javaid Iqbal Abbasi and Company v. Province of Punjab and 6 others 1996 SCMR 1433,
Muhammad Amir v. Umer Hayat and 5 others 2010 CLC 1798,
Noor Avenue Cooperative Housing Society, Hanjarwal, Lahore through President v. Lahore Development Authority through Director-General, L.D.A., Lahore and 3 others 2008 CLC 200,
Nadir Ali v. Secretary, Regional Transport Authority, Faisalabad and another PLD 2006 Lah. 298,
Mian Muhammad Yousaf and another v. Lahore Development Authority through Director-General, L.D.A. Plaza, Lahore and 5 others PLD 2001 SC 393
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
199,
1
|