2008 SCMR 1189 (PLP)
MEMBER, BOARD OF REVENUE, LAHORE — Petitioner Versus KHUDA BAKHSH and others — Respondents
| Citation | 2008 SCMR 1189 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, Actg. C.J. Faqir Muhammad Khokhar and Tassaduq Hussain Jillani, JJ |
| Parties | MEMBER, BOARD OF REVENUE, LAHORE — Petitioner Versus KHUDA BAKHSH and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2008 SCMR 1189 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 SCMR 1189 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, Actg. C.J. Faqir Muhammad Khokhar and Tassaduq Hussain Jillani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 SCMR 1189 (PLP) (MEMBER, BOARD OF REVENUE, LAHORE — Petitioner Versus KHUDA BAKHSH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ahmed Awais, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Petitioner.
- Mian Dilawar Mehmood, Senior Advocate Supreme Court for Respondents.
- Date of hearing: 24th January, 2005.
Headnotes / Summary
(On appeal against the order, dated 21-12-2000 passed by this Court in Civil Petitions Nos.2972-L to 2989-L of 2000).
Arts. 188 & 185(3)
Review of Supreme Court judgment
Petitioner had been non-suited primarily on laches, but without taking into consideration the facts of case, whereas examination of same was necessary, particularly keeping in view the fact that High Court dismissed Constitutional petition without passing a detailed order
Had the High Court proceeded to examine merits of case then probably fate of petition would have been different
Case was fit for exercising jurisdiction under Art. 188 of the Constitution, in view of certain errors in the judgment
Judgment was recalled and petitions for leave to appeal would be deemed to be pending.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J.
Listed petitions have been filed for review of the judgment dated 21st December, 2000 passed by this Court in Civil Petitions Nos.2972-L to 2989-L of 2000.
2. We have heard learned counsel for the parties and have also gone through the order under review dated 21st December, 2000 a well-material so made available on record. As the petitioner has been non-suited primarily on laches but without taking into consideration the facts of the case, whereas examination of same is necessary. Particularly keeping in view the fact that learned High Court dismissed the Writ Petitions Nos.100/R to 117/R of 1999 without 'passing a detailed order and prima facie, we are of the opinion that had learned High Court proceeded to examine the merits of the case then probably fate of the petition would have been different. Be that as it may without prejudice to the case of either parties we consider that it is a fit case for exercising jurisdiction under Article 188 of the Constitution of Islamic Republic of Pakistan in view of certain errors in the judgment. Thus, for the foregoing reasons judgment, dated 21st December, 2000 is recalled and C.Ps.S.L.A. Nos.2972-L to 2989-L of 2000 should be deemed to be pending, office to fix these cases during next session. H.B.T./M-258/SC??????? ??????????????????????????????????????????????????????????????????????? Judgment recalled.