2006 PLP 1104 (SCMR)
MUHAMMAD YAR — Petitioner Versus GOVERNMENT OF PUNJAB and others — Respondents
| Citation | 2006 PLP 1104 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Falak Sher and M. Jared Buttar, JJ |
| Parties | MUHAMMAD YAR — Petitioner Versus GOVERNMENT OF PUNJAB and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2006 PLP 1104 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1104 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Falak Sher and M. Jared Buttar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1104 (SCMR) (MUHAMMAD YAR — Petitioner Versus GOVERNMENT OF PUNJAB and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Art. 185(3)---Factual controversy--Concurrent findings of fact by the Courts below---Letter issued by one of the Ministers was assailed by petitioner before High Court in Constitutional jurisdiction---High Court dismissed the Constitutional petition---High Court also dismissed Intra-Court Appeal on the ground that the order was passed in Constitutional petition by High Court after having considered various pros and cons of the matter in issue---Validity---As the Intra-Court Appeal had also been exhaustively dealt with by Division Bench of High Court, therefore, Supreme Court declined to interfere in the judgment and decree passed by the Courts below---Leave to appeal was refused. Ch. Muhammad Abdus Saleem, Senior Advocate Supreme Court and M. Aslam Chaudhry, Advocate-on-Record for Petitioner. Nemo for Respondents.
- Date of hearing; 28th January, 2005.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Bahawalpur Bench, dated 30-11-2004 passed in I.C.A. No.77 of 2004).
Judgment & Decree
Consequent upon rejection of the petitioner's Writ Petition No.3688 of 2004 by a learned Single Judge of the Lahore High Court, Bahawalpur Bench grudging against construction of within mentioned bridge, I.C.A. No.77 of 2004 was recoursed which met with the same fate vide the impugned order dated 30-11-2004, observing:-- "This I.C.A. is directed against the order dated 4-11-2004 passed by the learned Single Judge in Chamber whereby Writ Petition No.3688 of 2004 filed by the appellant challenging the letter dated 14-10-2004 issued by the Minister for Ushr and Zakat, Government of Punjab, for changing the venue of construction of a bridge, was dismissed. (2). Arguments heard. Record perused. (3). The construction of the project in question at its present place was commenced prior to issuance of the letter of the Minister for Ushr and Zakat; a substantial work has already been done; learned counsel failed to pinpoint any loss which may accrue if the construction of bridge at its present place is completed; even no vested right of the appellant was pinpointed, in fringement of which may give rise to a cause of action to be agitated through a Constitutional petition. (4). A perusal of the impugned order shows that the same has been' passed by the learned Single Judge after having considered the various pros and cons of the matter in issue and no exception with regard thereto can be taken in this I.C.A. which stands dismissed in limine." Has sought leave to appeal reiterating the submission.
2. Which we are afraid is misconceived because the same has been exhaustively dealt with by the learned I.C.A. Bench as well as the learned Single Judge of the High Court. Resultantly, the same fails and is hereby dismissed. Leave declined. M.H./M-257/SC????????? Leave refused.