Pakistan Case Law
1989 SCMR 367

JAN MUHAMMAD Versus ZUBAIDA BEGUM

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Citation1989 SCMR 367
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 108 of 1988
Date1989-01-08
Judge(s)Muhammad Haleem, CJ., Aslam Riaz Hussain, Muhammad Afzal Zullah, Nasim Hasan Shah, Abdul Kadir Shaikh, Shafiur Rahman, Zaffar Hussain Mirza, Saad Saood Jan, Usman Ali Shah, Ali Hussain Qazilbash and Naimuddin, lJ
ResultPetition disposed of
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter came before the Supreme Court of Pakistan in the context of a civil petition for leave to appeal. The nature of the proceedings involved a challenge related to constitutional petitions pending before the Baluchistan High Court. The core legal question concerned the appropriate procedural handling and consolidation of related constitutional petitions, specifically Constitutional Petition No. 290 of 1988 and Constitutional Petition No. 291 of 1988. Upon consideration of a prior order passed in Civil Petition No. 107-Q of 1988, which had already remanded the case to the High Court with directions to dispose of the aforementioned constitutional petitions on their merits and to accelerate the hearing process, the petitioner chose not to pursue the current petition. Consequently, the Supreme Court, acknowledging the petitioner's stance and the existing remand order, disposed of the petition accordingly. The judgment serves as a procedural order reflecting the principle that where a higher court has already issued comprehensive directions for the disposal and consolidation of pending matters in a lower court, redundant petitions may be withdrawn and disposed of in accordance with those established directions.

Questions settled in this judgment
  • Can a petition be disposed of as not pressed when a prior order has already remanded the underlying matter to the High Court for decision on merits?
  • Is it appropriate for the Supreme Court to dispose of a petition when the relief sought is covered by a previous remand order in a related case?
constitutional petitionremand orderprocedural disposalcivil petitionjudicial administration

ORDER

1. In view of the order passed in Civil Petition No. 107‑Q of 1988 remanding the case to the Baluchistan High Court for disposal of Constitutional Petition No. 290 of 1988 on merits alongwith Constitutional Petition No. 291 of 1988 and accelerating their hearing, the petitioner does not press this petition, and is accordingly disposed of.

2. 1‑64/ S Petition disposed of.

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