P L D 2009 Supreme Court 544 (PLP)
MIR KOHI KHAN — Petitioner Versus NOOR MUHAMMAD and others — Respondents
| Citation | P L D 2009 Supreme Court 544 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Javed Iqbal, Ijaz-ul-Hassan Khan and Muhammad Qaim Jan Khan, JJ |
| Parties | MIR KOHI KHAN — Petitioner Versus NOOR MUHAMMAD and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in P L D 2009 Supreme Court 544 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2009 Supreme Court 544 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Javed Iqbal, Ijaz-ul-Hassan Khan and Muhammad Qaim Jan Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2009 Supreme Court 544 (PLP) (MIR KOHI KHAN — Petitioner Versus NOOR MUHAMMAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Amir-ul-Mulk Mengal, Advocate Supreme Court and S.A.M. Quadri, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- JAVED IQBAL, J.---Heard learned Advocate Supreme Court for the petitioner at length and perused the record vigilantly. The pivotal question which needs determination would be as to whether the petition preferred under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 (hereinafter referred to as the Constitution) can be converted into appeal under Article 185(2)(d) of the Constitution and delay can be condoned merely on account of conversion of petition into an appeal or otherwise? It may not be out of place to mention here that the views on the above formulated points are divergent as expressed in different cases which are mentioned herein below:--
Headnotes / Summary
Arts. 185(3) & 185(2)(d)
Leave to appeal was granted by Supreme Court to determine as to whether the petition preferred under Art.185(3) of the Constitution could be converted into appeal under Art.185(2)(d) of the Constitution and delay could be condoned merely on account of conversion of petition into an appeal or otherwise
Views on the said point were divergent as expressed in different cases. [p. 545]A
Judgment & Decree
JAVED IQBAL, J.
Heard learned Advocate Supreme Court for the petitioner at length and perused the record vigilantly. The pivotal question which needs determination would be as to whether the petition preferred under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 (hereinafter referred to as the Constitution) can be converted into appeal under Article 185(2)(d) of the Constitution and delay can be condoned merely on account of conversion of petition into an appeal or otherwise? It may not be out of place to mention here that the views on the above formulated points are divergent as expressed in different cases which are mentioned herein below:-- Zafar Iqbal Hameed Khan v. Ashiq Hussian 2005 SCMR 1371, Haji Muhammad Nawaz v. Hussain Shah 1990 SCMR 1621, Chairman N.-W.F.P. v. Khurshid Anwar Khan 1992 SCMR 1202, Inayat Ullah Khan v. Obaidullah Khan 1999 SCMR 2702, Sardar Abdul Rauf Khan v. The Land Acquisition Collector/Deputy Commissioner, Abbottabad 1991 SCMR 2164, Province of Punjab v. Muhammad Akram 1998 SCMR 2306, Pakistan v. Waliullah Sufyani PLD 1965 SC 310, Paresh Chandra Biswash v. Tapen Kanti Choudhury PLD 1963 SC 598, T.N. Angami v. Revoluei AIR 1972 SC 42, Ramanbhai Ashabhai Patel v. Debhi Ajitkumar AIR 1965 SC 669, Province of West Pakistan v. Associated Hotels of India Limited 1973 SCMR 367, Abdul Rauf Khan v. Land Acquisition Collector 1992 SCMR 1181, Taza Gul v. Fazal Subhan 2006 SCMR 504 and Muhammad Nawaz v. Sardara 2008 SCMR 1993.
2. In the light of what has been discussed hereinabove, leave to appeal is granted to examine the above formulated legal propositions. M.B.A./M-69/S Leave granted.