1999 PLP 2625 (SCMR)
Messrs RESEARCH AND COLLECTION SERVANTS — Petitioners Versus RAHEEL ASIF KHAN and others — Respondents
| Citation | 1999 PLP 2625 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Raja Afrasiab Khan and Ch. Muhammad Arif, JJ |
| Parties | Messrs RESEARCH AND COLLECTION SERVANTS — Petitioners Versus RAHEEL ASIF KHAN and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1999 PLP 2625 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 2625 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Raja Afrasiab Khan and Ch. Muhammad Arif, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 2625 (SCMR) (Messrs RESEARCH AND COLLECTION SERVANTS — Petitioners Versus RAHEEL ASIF KHAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Irfan Qadir, Advocate Supreme Court with~Ejaz Ahmed Khan, Advocate-on-Record for Petitioners. .
- Abdul Wahid, Advocate Supreme Court With Ch. Mehdi Khan Mehtab, Advocate-on-Record for Respondents.
- Date of hearing: 3rd August, 1998.;
Headnotes / Summary
Arts. 185(3) & 199
Petitioners had contended that High Court was not competent to give interim relief to respondents on account of lack of jurisdiction
Point urged by petitioner before Supreme Court was available to him to be raised before High Court, but same having not been so raised, could not be allowed to be agitated before Supreme Court at leave granting stage-- Controversy was pending adjudication before High Court where matter could be thrashed out both on legal plane and admitted facts of the case
Petitioner having failed to raise any question of law of public importance before Supreme Court, Court declined to proceed further in the case.
Judgment & Decree
RAJA AFRASIAB KHAN, J.
On 21st of July, 1998, an interim order was passed' by the Lahore High Court in Writ Petition No. 13631 of 1998 instituted by Raheel Asif Khan and 9 others, the respondents Nos. l to
10. The said order is hereby quoted:-- "It is argued that the contract has been given in over ruling the advice of the Law and Justice Division, therefore, illegal. It is added that the amount likely to the fetched in 450 Crores whereas the contract has been given only for 44.1 Crores. Inter alia argued that this is unconsciousable and illegal. The respondents request for time. Adjourned to 28-7-1998. Learned Deputy Attorney-General besides other documents should also produce the relevant extract of Census, 1998. C.M. No. 2 of 1998. The respondents Nos. 1 to 4 are restrained from making any payment, whatsoever, to respondent No. 5 in the meanwhile." Against the above order, the petitioner has filed this petition for leave to appeal.
2. Learned counsel argued that the High Court was not competent to give an interim relief to the respondents for lack of jurisdiction.
3. We have not been persuaded to interfere with the aforesaid order. The point which has been urged before us by the learned counsel, may certainly be available to be raised and argued by him before the High Court. This petition is not competent on the face of it because the controversy is still pending adjudication before the High Court where the matter can be thrashed out both on legal and admitted facts of the case. He has also not been able to raise any question of law of public importance before us. This being so, we are not inclined to proceed further in the case. With the above observation, this petition stands disposed of. H.B.T./R-35/SC Order accordingly.