1989 SCMR 1597 (PLP)
SHILA SAMUAL Petitioner Versus Dr. Syed SHAUKAT ALI SHAH and others Respondents
| Citation | 1989 SCMR 1597 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Javid Iqbal,JJ |
| Parties | SHILA SAMUAL Petitioner Versus Dr. Syed SHAUKAT ALI SHAH and others Respondents |
| Primary Law | Penal Code (XLV of 1860)‑ |
Q1: What are the key laws and sections cited in 1989 SCMR 1597 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 SCMR 1597 (PLP)?
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: 1989 SCMR 1597 (PLP) (SHILA SAMUAL Petitioner Versus Dr. Syed SHAUKAT ALI SHAH and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Hafeez Ahmad, Advocate Supreme Court, instructed by Sh. Abdul Karim (since deceased), Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 16th August, 1988.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 24th May, 1983 in Review Application No.5 of 1983 in Civil Miscellaneous No.2059 of 1982). ‑‑‑S.500‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Petitioner had not set out any such facts in her complaint which indicated that respondent had any reason to be biased against her or to have made defamatory remarks for an ulterior motive‑‑Petition also barred by time‑‑Petition for leave to appeal dismissed.
Judgment & Decree
JAVID IQBAL, J.‑‑This petition for leave is directed against orders of the Lahore High Court, Lahore, dated 24th May, 1983 and 4th December, 1982 passed agains' the petitioner's review petition and writ petition. The brief facts are that the petitioner was working as a nurse at the Allama Iqbal Memorial Hospital, Sialkot. Respondent No.l was posted as Medical Superintendent of the said hospital. On an inquiry made about the conduct of the petitioner he is stated to have sent a report to the Deputy Director Health Services commenting on her conduct etc. The petitioner came to know about this report whereupon she filed a complaint under section 500, P.P.C. against him alleging that his remarks were defamatory, mala fide and unfounded. However the Magistrate dismissed the complaint on the ground that the said remarks were privileged and were covered by the Seventh Exception to section 499, P.P.C. The criminal revision of the petitioner was dismissed by the Sessions Judge. Thereafter her writ petition was also dismissed by a learned Single Judge of the Lahore High Court, Lahore. Then she filed a review petition which was likewise dismissed. Hence the present petition. Learned counsel for the petitioner attempted to argue before us that the case of respondent No.l was not covered by any of the Exceptions to section
499. P.P.C. as the remarks were biased against the petitioner and defamatory comments had been made by him against her for an ulterior motive. This argument has been considered by the learned Single Judge while dismissing the review petition. The petitoner did not set out any such facts in her complaint A which indicated that respondent No.l had any reason to be biased against her or to have made defamatory remarks for an ulterior motive. Furthermore it is also evident from the record that the main petition in this case filed by the petitioner was time‑barred and in fact the review was also not competent. In that view of the matter we do not find any substance in this petition which is accordingly dismissed. M.A.K./S‑287/S Petition dismissed.