| Case ID |
f50584be-e6cd-4e62-a055-88f435de04f4 |
| Body |
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| Case Number |
Civil Petition No. 667 of 1985 |
| Decision Date |
Jun 01, 1988 |
| Hearing Date |
Jun 01, 1988 |
| Decision |
The petitioners challenged the acceptance of the Regular Second Appeal by the Lahore High Court in a pre-emption matter. They argued that the High Court should not have remanded the case, and that the purchase in dispute was exempt from pre-emption due to the petitioners being evictees from the Gujranwala Cantonment. However, the first point was considered a question of fact, and the Court decided it was not appropriate to examine it further at this stage. The second point, which was not pressed before the High Court, led to the refusal of leave to appeal. Consequently, the decision of the High Court was upheld, and leave was refused for the appeal. |
| Summary |
In this landmark case decided by the Supreme Court of Pakistan, the petitioners, GHULAM RASOOL and others, contested the Lahore High Court's acceptance of a Regular Second Appeal regarding a pre-emption matter. The case revolved around the legal principles of pre-emption and the constitutional provisions of the Constitution of Pakistan, 1973, particularly Section 185(3). The petitioners' arguments were twofold: first, they contended that the High Court's remand of the case was unwarranted, and second, they asserted that their purchase was exempt from pre-emption laws due to their status as evictees from the Gujranwala Cantonment. The Supreme Court, however, determined that the first argument was a factual issue not to be considered further and noted that the second point had not been raised before the High Court. As a result, the Court refused the leave to appeal, thereby affirming the High Court's decision. This case highlights significant aspects of property law and the procedural nuances within the judicial system of Pakistan, emphasizing the importance of properly presenting arguments at different judicial levels. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN
|
| Lawyers |
learned counsel
|
| Petitioners |
others,
GHULAM RASOOL
|
| Respondents |
others,
NIAZ AHMAD
|
| Citations |
1988 SLD 2660,
1988 SCMR 1528
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
185(3)
|