1991 PLP 1152 (SCMR)
GOGAI and others — Petitioners Versus SIRAJ AHMAD and others — Respondents
| Citation | 1991 PLP 1152 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, CJ. |
| Parties | GOGAI and others — Petitioners Versus SIRAJ AHMAD and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1991 PLP 1152 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1152 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, CJ..
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1152 (SCMR) (GOGAI and others — Petitioners Versus SIRAJ AHMAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Shakirullah Jan, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 26th February, 1990.
- Mian Shakirullah Jan, Advocate‑on‑Record for Petitioners.
Headnotes / Summary
(On appeal from the judgment of the Peshawar High Court, dated 30-4-1989, in W.P. No.513/514 of 1984).
Arts. 185(3) & 199
Leave to appeal was granted to examine whether High Court was justified in upsetting findings by three forums below in its discretionary Constitutional jurisdiction; even if it be assumed that there were some defects/errors which required to be rectified, whether it was not necessary and/or proper to remand the case to the designated Authority for fresh decision and whether Constitutional petition was filed by an aggrieved party.
Judgment & Decree
Date of hearing: 26th February, 1990. MUHAMMAD AFZAL ZULLAH, CJ. ‑‑‑Leave to appeal has been sought by the applicants/plaintiffs' side under the Distribution of Property (Chitral) Regulation II of 1974, against the acceptance by the High Court, of respondents' Constitutional (Writ) petition whereby the concurrent findings and decisions in favour of the petitioners' side, by Deputy Commissioner, Chitral, Additional Deputy Commissioner, and Additional Secretary, Home and Tribal Affairs Department, N: W.F.P, were set aside. The dispute relating to grazing right in the disputed pastures located around and between the Kalash and Maskoor villages in Chitral. After hearing the learned counsel we consider it a fit case for grant of leave to appeal, inter alia, to examine:‑‑ (a) Whether the High Court was justified in upsetting the findings by the three forums below in its discretionary writ jurisdiction; (b) Even if it be assumed that there were some defects/errors which utluited to be rectified, whether it was not necessary and/or proper to remand the case to the designated authority for fresh decision; and (c) Whether the writ petition was filed by an aggrieved party; We accordingly grant leave to appeal. Security Rs. 5,
000. The appeal shall be prepared on the present record with direction to the parties for addition of all those documents which would be necessary for proper disposal of the appeal. Stay to continue, H.B.T./G‑279/S Leave granted.