P L D 1992 Supreme Court 274 (PLP)
BASHIR AHMAD — Petitioner Versus PIARA KHAN — Respondent
| Citation | P L D 1992 Supreme Court 274 (PLP) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shalt, Saad Saood Jan |
| Parties | BASHIR AHMAD — Petitioner Versus PIARA KHAN — Respondent |
| Primary Law | (a) Constitution of Pakistan (1973), (b) Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in P L D 1992 Supreme Court 274 (PLP)?
This judgment primarily cites: (a) Constitution of Pakistan (1973), (b) Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1992 Supreme Court 274 (PLP)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shalt, Saad Saood Jan.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1992 Supreme Court 274 (PLP) (BASHIR AHMAD — Petitioner Versus PIARA KHAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shamim Abbas Bokhari, Advocate Supreme Court instructed by Syed Abul Aasim Jafari, Advocate-on-Record for Petitioner.
- Riaz Anwar, Advocate Supreme Court instructed by Rana MA, Qadri, Advocate-on-Record for Respondent.
Headnotes / Summary
Art.188
When the Court in the case had taken cognizance of the controversy and had dealt with same fully, the fact that another view was expressed in another case by another Bench of the Supreme Court would not be a ground for review.
Art.188
When the petitioner was seeking a re-hearing of the case on the ground that another Bench of Supreme Court had taken different view on the subject, Supreme Court declined review observing that such a prayer could not be entertained in review jurisdiction as it did not fall within the scope of review proceedings.
Judgment & Decree
NASIM HASAN SHAH, J.
In this case it was held in the impugned judgment that the superior right granted under section 25(3)(d) of Martial Law Regulation 115 to a tenant to resist a pre-emption suit was available even after the tenant purchased the land under his tenancy and had become its owner. The judgment is now reported as Piara Khan v. Bashir Ahmad 1991 SCMR 2107. In support of this review petition Mr. Shamim Abbas Bokhari has pointed out that another Bench of this Court in Malik Pir Bakhsh etc. v. Ali Muhammad 1992 SCMR 1031 has taken a different view and he submits that the matter requires further consideration, if possible, before a larger Bench. We do not consider that such a plea is admissible in these proceedings. The Court, in this case, took cognizance of the controversy and has dealt with it fully. In case another view is expressed in another case, it I cannot be a ground for review. In fact, the petitioner in this case is seeking a re-hearing of the case; such a prayer cannot be entertained in review i` jurisdiction and it does not fall within the scope of review proceedings. ' M.B.A./B-194/S Petition dismissed.