Special Leave to Appeal to Supreme Court

S. 73-Breach of contract-Damages-Special Leave to Appeal to - Supreme Court-Damages already paid by appellants to other party, reasonable and in no way excessive-Amount paid as far back as ten years ago-Case, in its peculiar circumstances, held, not fit for examination of question of damages-Order granting leave to appeal recalled Constitution of Pakistan (1973), Art. 185(3).-Damages.

Art. 185(3)-Special Leave to Appeal to Supreme Court-No question of law arising for consideration-Matter pertaining to field of discretion of High Court-.High Court not found to have exercised its discretion illegally or arbitrarily-Held : No ground for interference exists.

[Special Leave to Appeal].

S. 115 - Revision -Whether competent without availing of remedy by appeal to High Court either directly or after first appeal before District Judge Special leave to appeal Granted by Supreme Court to resolve difference of opinion on question.

Ss. 497 & 498 read with S. 561-A-Bail-Special leave to appeal-Granted by Supreme Court to consider whether (i) High Court could in its inherent jurisdiction recall or reverse an order made by it and (ii) bail had been granted in disregard of principles laid down by Supreme Court.

S. 302/34-Special leave to appeal - Granted by Supreme Court to consider correctness of co-accused's conviction in view of fact that he had fired "in air" and whether firing in air by him indicated that his intention as different from that of principal accused who fired at and killed deceased.

S. 167(8a)-Special leave to appeal-Granted by Supreme Court to consider whether it could be held that petitioner was concerned in importation of prohibited articles found in boot of a car in which he was a passenger.

(granted to consider whether where parties agreed to decision of case on statement of a third person and if there was no compromise within meaning of r. 3, O. XXII:, C. P. C. the trial Court should not have recorded statement of such third person after appellants had retracted from agreement arid expressed lack of confidence in such person.

S. 302 -Conviction for murder-Special leave to appeal-Granted by Supreme Court to examine contention that witnesses were not reliable as they had 4,made shifting statements at different stages.

Special leave to appeal to Supreme Court-Granted to consider question: whether vested rights of seniority in cadre of an established service (Railway Guards) can be said to arise, for enforcement through law, only on date of induction into permanent section of that service or whether they exist and are enforceable even before confirmation.

Sched., Part I-Divisibility or otherwise of house-High Court in writ petition have no jurisdiction to interfere with Order of Settlement Authorities-Special Leave to Appeal refused by Supreme Court-Constitution of Pakistan (1962), Art. 98.

Art. 160-.Special leave to appeal to Supreme Court-Granted to consider "a special question of law of general importance" viz., whether a decree for specific performance of contract for sale of land can be modified.

Art. 160-Special leave to appeal to Supreme Court - Granted where "Custodian had on a mistaken ground refused to exercise jurisdiction".

Art. 160-Special leave to appeal to Supreme Court-Granted to consider legality of order of Chairman, Industrial Court, directing re-instatement of workmen, involving the question whether S. 30, Industrial Disputes Ordinance (L VI of 1959), was intended to provide the Industrial Court with "power of control over such a matter as retrenchment bona fide of workers as part of general management of the enterprise.

Granted to consider whether Courts below had acted rightly in refusing to give effect to provisions of Departmental Manual-Constitution of Pakistan (1956), Art. 160.

Art. 58-Special leave to appeal to Supreme Court (From order of High Court rejecting petition for revision against trial Court's order acquitting accused) Leave granted to re-consider evidence, on ground that complainant "could at least be certain of identity of person or persons who joined in crime of cutting out his eye-balls".

Special Leave to Appeal to Supreme Court -Granted to consider questions whether evidence admitted at hearing of writ petition was properly admitted ; whether petitioner preferring writ petition had locus standi to prefer same; whether alleged debuttar nature of properties acquired by Provincial Government under East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), was a genuine debuttar, or whether the dedication was itself invalid by reason of Ss, 9 4 75-A of aforesaid Act.

Special Leave to Appeal to Supreme Court -Granted to consider whether High Court had assessed damages on right principles-Constitution of Pakistan (1962), Art. 58.

Special Leave to Appeal to Supreme Court Employer's appeal against award of Industrial Court-Industrial Court cited as party but not employer who was a necessary party-Employer sought to be added as party more than ten months after award-Supreme Court permitted addition of employer as party "subject to just exception"-No application for condonation of delay-Appeal dismissed as barred by time-Bar of limitation invested employer with a "substantial right of a valuable kind"-Civil Procedure Code (V of 1908), 0. XLI, r. 20.

Special Leave to Appeal to Supreme Court -Granted to consider (1) whether the occupant of an evacuee house could contract or opt out of the protection given to him by section 30, Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) and (2) whether, even if he could so opt out of it, the agreement between the occupant and transferee of the house by which occupant agreed to pay double the rent assessed in Municipal records was void being wholly without lawful consideration-Constitution of Pakistan, (1962), Art. 58.

Special Leave to Appeal to Supreme Court -Granted to consider point of law involved-(Whether, in case of dismissal of Government servant, where period of limitation, for a declaratory suit, contesting order of dismissal, is to be reckoned under Art. 120, Limitation Act (IX of 1908), from the time when "the right to sue accrues", such right is to be deemed to have accrued on the date of the first order of dismissal or on the date of order of Appellate Authority confirming the first order) Constitution of Pakistan (1962), Art. 58.

Special Leave to Appeal to Supreme Court -Granted to consider whether "on the facts" appellant [a woman against whom an order of expulsion from Peshawar city had been passed by the Deputy Commissioner, under S. 36, Frontier Crimes Regulation (III of 1901)] could not be said to have a "fixed habitation" in city of Peshawar, within the purview of the exemption of proviso to S. 36 aforesaid-Constitution of Pakistan (1956), Art. 160.

Special Leave to Appeal to Supreme Court -Granted to consider whether Municipal Committee could legally pass an order which excluded petitioners (practising prostitutes) front "whole" habitable area of Municipality-Constitution of Pakistan 1962, Art. 58

Punjab Municipal Act (III of 1911), S. 152.

Special Leave to Appeal to Supreme Court -Granted where question was raised of the construction of r. Il, West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960, and of the stage at which a Government servant may be suspended when a departmental enquiry is decided upon-Constitution of Pakistan 1962, Art. 58.

Special Leave to Appeal to Supreme Court -Granted where writ issued by High Court had effect of disturbing administrative arrangements with possible prejudice to public interest.

Special Leave to Appeal to Supreme Court -Granted to consider whether High Court, while convicting accused in appeal from acquittal, had given full consideration to findings and views of trial Court, and to re-examine evidence with a view to ascertaining whether it was sufficient in law to establish that the act of passing money by accused to Police was a voluntary one and excluded "every reasonable possibility of its having been the result of pressure put upon accused by such officers."

Granted to relation of deceased person asking for enhancement of sentence of transportation to one of death-(Order granting leave was "consequential" on leave granted to accused against their convictions-Constitution of Pakistan (1962), Art. 58.

Granted to consider (1) interpretation of document (2) extent of right to irrigate land from particular source (3) whether party liable to contribute to cost of improvements-Constitution of Pakistan (1956), Art. 160.

Granted to consider whether defect found by High Court in order impugned did or did not affect appellant- Constitution of Pakistan, 1962, Art. 58 (3).

Granted to consider contentions raised on behalf of occupier of property transferred to another under Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), questioning transferee's right to eject such occupier in terms of S. 13, West Pakistan Urban Rent Restriction Ordinance (VI of 1959), read with Ss. 3 & 30, Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-Constitution of Pakistan, 1962, Art. 58.

Granted to consider whether offence fell under S. 302 or S. 304, Pakistan Penal Code (XLV of 1860)-(Question important and difficult-Very rarely resolvable without careful appreciation of evidence and circumstances of case).

Granted to consider question whether in proceedings under S. 145, Criminal Procedure Code (V of 1898), it is a condition of the exercise of jurisdiction by Magistrate that there should be continuing danger of breach of peace.

Refused where further remedy was still available by way of appeal from order passed by Single Judge to Division Bench-Grant of special leave within discretion of Supreme Court-Constitution of Pakistan (1962), Art. 58(3)-[Malik Feroze Khan Noon v. The State P L D 1958 S C (Pak.) 333 distinguished.]

Leave granted to consider whether accused could be deprived by High Court in revision of right given under S. 350, Cr. P. C., 1898-Constitution of Pakistan (1962), Art. 58 (3).

Petition granted to consider whether circumstances relied upon could form basis of conviction-Constitution of Pakistan (1962), Art. 58 (3).

Petition dismissed where petitioner had already preferred writ petition direct to Supreme Court-Constitution of Pakistan (1956), Arts. 22 & 160.

Question one of mixed law and fact and not raised in lower Courts-Leave refused-Leave, however, granted on pure question of law although raised for first time before Supreme Court.

Special Leave to Appeal to Supreme Court Special Leave to Appeal to Supreme Court-Limitation- Application for special leave filed against judgment of Single Judge High Court-Cannot be deemed to have been filed against order High Court refusing certificate of fitness of case for Letters Patent Appeal-Supreme Court Rules, 1956, O. XIII, r. 1 Letters Patent (Dacca), cl, 15-Plea of alleged "general practice" that limitation__ is to, be calculate from date-of refusal f certificate under cl. 15, Letters Paten: rejected as unfounded Application for-condonation, of delay essential.

Granted to consider questions whether the Regional Transport Authority had declined to function under the Motor Vehicles Act (IV of 1939) and to do their statutory duty independently; whether Government had statutory power to issue instructions requiring Authority to entertain applications for route permits only from companies and not from individuals; whether such instructions could be validly followed.

Granted, where suit was dismissed contrary to findings arrived at in judgment Constitution of Pakistan (1962), Art. 58.

Granted to examine the question: "whether ocular evidence (murder case) at all required the kind of corroboration which the High Court felt it their duty to seek"-Constitution bf Pakistan (1956), Art. 160.

Granted to consider whether High Court was justified in setting aside order of Rehabilitation Authority made within its powers and whether Rehabilitation Authority did not have exclusive jurisdiction in the matter.

Granted to consider whether provision in question had retrospective operation [Land Acquisition Act (I of 1894), S. 18 (3)]-Subsection (3) added by S. 8, Land Acquisition (Punjab Amendment) Act (XII of 1954)-Constitution of Pakistan (1956), Art. 160.

Special Leave to Appeal to Supreme Court Special Leave to Appeal to Supreme Court-Granted to consider questions: (1) Whether writ could issue against Income-tax Officer where owing to lapse of time no assessment could in law be made [Income-tax Act (XI of 1922), S. 34 (2)] ; (2) Whether, in case conditions for issue of writ were satisfied, writ could be refused hi exercise of discretion ; (3) Whether facts on which writ wets sought were proved on face of record.

Granted to consider whether delegatee (Deputy Settlement Commissioner), by exercise of deligated powers, exhausts such powers, and his order is not subject to appeal or revision before delegator (Chief Settle-men Commissioner)-Constitution of Pakistan (1956), Art. 160.

Special Leave to Appeal to Supreme Court Special Leave to Appeal to Supreme Court-Granted to consider question whether Industrial Tribunal has jurisdiction to make award in conflict with Factories Act (XXV of 1934), or with Standing Orders framed by Government-Constitution of Pakistan (1956), Art. 160.

Granted to consider propriety of sentence of death-Constitution of Pakistan (1956), Art. 160.

Special Leave to Appeal to Supreme Court Special Leave to Appeal to Supreme Court-Granted to consider law point on which there was difference of opinion between High Courts-Constitution of Pakistan (1956), Art. 160

Granted to consider points of law involved?[Whether suit was barred by provisions of S. 47, Civil Procedure Code (V of 1908) or by principles of res j judicata]?Constitution of Pakistan (1956), Art. 160.

Special Leave to Appeal to Supreme Court Special Leave to Appeal to Supreme Court Petition for?Taken back by Attorney for filing annexure?Such annexure along with petition filed 70 days after time?Application for condonation delay submitted not as a pre?requisite in such a case but only to "meet objection of the Court's office"?Petition, held, barred by time?Client's ignorance of necessity of dealing with Attorney Not sufficient excuse to condone default?(Client's remedy against Attorney).

Granted to consider validity of argument that an order of dismissal from service of a Municipal Committee, for alleged misappropriation, which order is a nullity in law but which is acquiesced in by person concerned, should operate to disqualify such person from being a member of Town Committee unless such order is set aside in accordance with law-Constitution of Pakistan (1956), Art. 160.