Pakistan Case Law
1983 SCMR 1056

ANWAR MASIH vs MRS. VINNIS OLIVER KOKHAR AND Other

⭐ Prefer in Google
Citation1983 SCMR 1056
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 199 of 1977 C. A. No. 122/76
Date1983-03-12
Judge(s)Aslam Riaz Hussain and Nasim Hasan Shah
Authored byAslam Riaz Hussain
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition is directed against the judgment of a learned Single Judge of the High Court dated 30-6-1976 and a subsequent judgment of a learned Division Bench dated 18-1-1977 dismissing the Intra-Court Appeal. The core legal question involves whether the petitioner has raised any substantial question of law warranting interference by the court, as opposed to merely seeking an inquiry into questions of fact. The Supreme Court of Pakistan held that since no question of law was raised and the petitioner only sought an inquiry into questions of fact, the petition is devoid of merit. The key principle laid down is that the Supreme Court will not interfere with concurrent findings or factual inquiries where no valid question of law is presented.

Questions settled in this judgment
  • Will the Supreme Court interfere with concurrent judgments when only questions of fact are raised?
  • Is a petition barred by time with respect to the Single Judge's judgment maintainable when directed against an Intra-Court Appeal?
petition for leave to appealquestion of factquestion of lawintra-court appealsupreme court practice

ORDER

1. ASLAM RIAZ HUSSAIN, J.--This petition is directed against the judgment of a learned Single Judge of the High Court dated 30-6-1976, as also against the judgment of a learned Division Bench dated 18-1-1977, dismissing his I.-C. A. Against the aforementioned order.

2. The petition is barred by 194 days, as against the judgment of the learned Single Judge but within time as far as I.-C. A. Is concerned.

3. We have heard the petitioner's counsel at length on the impugned judgment dated 1E-10-1977 in Annex. A. He only requires the inquiry into question of fact. No question of law has been raised before us. The petition is, therefore, dismissed.

4. M. Z. M.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.