1959 PLP (2) (SCMR)
NAMDAR ALI SHAH — Petitioner Versus ANWAR HUSSAIN SHAH and another — Respondents,
| Citation | 1959 PLP (2) (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Javid Iqbal, JJ |
| Parties | NAMDAR ALI SHAH — Petitioner Versus ANWAR HUSSAIN SHAH and another — Respondents, |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1959 PLP (2) (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1959 PLP (2) (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Javid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1959 PLP (2) (SCMR) (NAMDAR ALI SHAH — Petitioner Versus ANWAR HUSSAIN SHAH and another — Respondents,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mirza Hafeez-u-Rehman, Advocate Supreme Court and Ch. Mehtab Mehdi Khan, Advocate-on-Record for Petitioner.
- Hamid Aslam Oureshi, Advocate-on-Record for Respondent No. 1.
- Date of hearing: 6th August, 1988,
- Mirza Hafeez‑u‑Rehman, Advocate Supreme Court and Ch. Mehtab Mehdi Khan, Advocate‑on‑Record for Petitioner.
- Hamid Aslam Oureshi, Advocate‑on‑Record for Respondent No. 1.
Headnotes / Summary
(On appeal from the judgment and order date 9-5-1982 of the Lahore High Court, Lahore, in Writ Petition No. NAP of 1980). -Arts. 1985(3) & 199--Co.istilutional jurisdiction of High Court--Petition for leave to appeal--Supreme Court would not grant and relief to petitioner on basis that both parties were Tying to take advantage of illegalities--Petitioner unable to show that prima facie finding by High court regarding lack of jurisdiction of officer passing impugned 3rdcr was suffering from any infirmity--Leave to appeal refused.
Judgment & Decree
Mirza Hafeez‑u‑Rehman, Advocate Supreme Court and Ch. Mehtab Mehdi Khan, Advocate‑on‑Record for Petitioner. Hamid Aslam Oureshi, Advocate‑on‑Record for Respondent No.
1. Date of hearing: 6th August, 1988, MUHAMMAD AFZAL ZULLAH,.J.‑‑This petition for leave to appeal has arisen out of an interim stay order. The High Court had set it aside in its Constitutional jurisdiction on a prima facie finding that it was passed without jurisdiction. Learned counsel for the petitioner who remained unable to show that the prima facie finding by the High Court that the officers passing the stay order had no jurisdiction in the matter, contended that the respondent No. 1 had also committed some illegalities. After hearing the learned counsel, we find that this Court will not be able to grant any relief to the petitioner on the basis that both the parties arc trying tot, take advantage of the illegalities. The interference by the High Court, in the circumstances of this case, in its writ jurisdiction on the basis of a prima facie finding regarding lack of jurisdiction, does not suffer from any infirmity. Leave to appeal is, therefore, refused. M.Y.H./N‑97/S Petition dismissed,