| Case ID |
edb4e8e2-6a23-44d8-9a20-f16423aaadc7 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 30 and Civil Miscellaneous No. 40 |
| Decision Date |
Jun 21, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal, citing the principle of professional conduct for advocates. The court emphasized that once a matter has been conclusively decided, it should not be relitigated by the same advocate on behalf of a different party, especially when the facts and legal grounds remain unchanged. The court noted that the appellant's case mirrored a previously dismissed petition filed by a deceased individual, and that the advocate had a duty to refrain from pursuing this new action given the prior outcome. The petitioner's conduct was deemed questionable, and the court highlighted the professional responsibilities of lawyers to uphold the integrity of the legal system. |
| Summary |
In the case of Civil Appeal No. 30 and Civil Miscellaneous No. 40 of 2006, the Supreme Court of Azad Jammu and Kashmir dealt with the principle of maintainability of appeals in light of prior judgments. The court ruled against the petitioner, emphasizing the importance of professional conduct among advocates. The case arose from a previous writ petition that had been dismissed, which was based on similar facts and legal arguments. The court highlighted that an advocate, once aware of the finality of a matter, should not engage in further litigation on behalf of a different client regarding the same issue. This ruling underscores the responsibilities lawyers have in ensuring that the legal process is not abused and that the dignity of the court is maintained. The decision reinforces the idea that legal representatives should act with integrity and refrain from actions that could be seen as manipulative or lacking bona fides. This case serves as a critical reminder of the ethical standards expected of legal practitioners and the need for advocates to act in accordance with the law and the principles of justice. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Syed Manzoor Hussain Gilani,
Syed Amjad Ali
|
| Lawyers |
Mujahid Hussain Naqvi,
Raja Muhammad Hanif Khan
|
| Petitioners |
Mujahid Hussain Naqvi
|
| Respondents |
Ch. Amir Afzal (Retd.) Chief Engineer, Public Works Department/Ex-Officio Secretary Planning and Development, Azad Jammu and Kashmir Government
|
| Citations |
2006 SLD 723,
2006 PLD 69
|
| Other Citations |
Syed Ali Raza Asad Abidi v. Ghulam Ishaq Khan, President of Pakistan another PLD 1991 Lah 420,
Syed Manzoor Hussain Gilani v. Sain Mullah, Advocate and 2 others PLD 1993 SC (AJ&K),
Muhammad Ashfaq Khan and 2 others v. AJ&K Azad Government and 4 others 2004 SCR 260,
Israr Hussain Mughal 1996 SCR 278,
Muhammad Naseer Jahangiri and 13 others v. Muhammad Sami Khan and another 1997 PLC (C.S.),
Faiz Akbar v. Mst. Nasim Begum and 8 others 2003 YLR 2729,
Habibullah Gannaie v. Wajahat Rashid Baig & 3 others 1999 PLC (C.S) 615,
Hakim Qureshi, President, District Bar Association, Lahore and 2 others v. The Judges of the Lahore High Court and Government of A.P. PLD 1976 SC 713,
E.S. Reddi v. The Chief Secretary, Govt. of A.P. 1987 PSC 1326
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
42,
44
|