1990 PLP 479 (SCMR)
Haji MURAD ALI and 12 others‑‑Petitioners Versus MEMBER (CONSOLIDATION), BOARD OF REVENUE
| Citation | 1990 PLP 479 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Javid Iqbal |
| Parties | Haji MURAD ALI and 12 others‑‑Petitioners Versus MEMBER (CONSOLIDATION), BOARD OF REVENUE |
| Primary Law | West Pakistan Consolidation of Holdings Ordinance (VI of 1960)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 479 (SCMR)?
This judgment primarily cites: West Pakistan Consolidation of Holdings Ordinance (VI of 1960)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 479 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Javid Iqbal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 479 (SCMR) (Haji MURAD ALI and 12 others‑‑Petitioners Versus MEMBER (CONSOLIDATION), BOARD OF REVENUE). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sheikh Abdul Aziz, Advocate, Agha Taj Muhammad, Advocate (absent) instructed by Tanvir Ahmad, Advocate‑on‑Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 15th March, 1989.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, dated 19th August, 1985 in I.C.A. No. 292 of 1979). ‑‑‑S.13‑‑‑Law Reforms Ordinance (XI1 of 1972), S.3‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Leave to appeal was granted, inter alia, to examine: whether in a case when Board of Revenue in exercise of its suo motu jurisdiction passes an order against a party or person who has no further remedy of appeal or revision, would an Intra‑Court appeal against the dismissal of that party's writ petition, be not competent‑‑‑Grant of leave was, however, subject to the question of limitation vis‑a‑vis the dismissal of the petitioners' writ petition.
Judgment & Decree
‑‑‑S.13‑‑‑Law Reforms Ordinance (XI1 of 1972), S.3‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Leave to appeal was granted, inter alia, to examine: whether in a case when Board of Revenue in exercise of its suo motu jurisdiction passes an order against a party or person who has no further remedy of appeal or revision, would an Intra‑Court appeal against the dismissal of that party's writ petition, be not competent‑‑‑Grant of leave was, however, subject to the question of limitation vis‑a‑vis the dismissal of the petitioners' writ petition. Sheikh Abdul Aziz, Advocate, Agha Taj Muhammad, Advocate (absent) instructed by Tanvir Ahmad, Advocate‑on‑Record for Petitioners. Nemo for Respondents. Date of hearing: 15th March, 1989. MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought in a consolidation matter, against the dismissal by the High Court, of petitioners Intra‑Court Appeal as incompetent. After hearing the learned counsel we consider it a fit case for grant of leave to appeal; inter alia, to examine; whether, in a case when Board of Revenue in exercise of its suo motu jurisdiction passes an order against a party or person who has no further remedy of appeal or revision would an Intra‑Court Appeal against the dismissal of that party's writ petition, be not competent. Learned counsel states that there is no decided case on this question and it is one of first impression. This and other related questions would require examination. Accordingly subject to the question of limitation vis‑a‑vis the dismissal of the petitioners' writ petition, we grant leave to appeal. Security Rs.5,
000. The appeal shall be prepared on the present record with direction to the parties to file all additional documents which would be necessary for disposal of appeal. Notice to the respondents' side in the stay application. It shall be fixed before any learned Judge in Chambers. A.A./M‑950/S Leave granted.