Pakistan Case Law
1985 SCMR 126

Malik NUR HAYAT NOON And Others vs ADDITIONAL CHIEF LAND

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Citation1985 SCMR 126
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 70 and 71 of 1977 Writ Petitions Nos. 1402/74 and 1088/74
Date1984-06-02
Judge(s)Aslam Riaz Hussain, Nasim Hasan Shah and M.S.H. Quraishi
Authored byNasim Hasan Shah
ResultLeave granted
Summary

This matter concerns two civil petitions for special leave to appeal filed before the Supreme Court of Pakistan, involving common questions of law regarding land commission proceedings. The petitioners sought leave to appeal against orders passed by the Additional Chief Land Commissioner. Upon review, the Court noted that leave to appeal had already been granted by the Supreme Court in earlier, related petitions, specifically C.P.S.L.A. No.240-R of 1976 and C.P.S.L.A. No.241-R of 1976, which involved identical legal issues. Counsel for the petitioners informed the Court that those earlier appeals had already been heard and the judgment was currently reserved. Following this, the Supreme Court held that in the interest of consistency and judicial economy, leave to appeal should also be granted in the present cases. The Court directed that the petitions be prepared on the existing record, granted liberty to the parties to file additional documents, and ordered the appeals to be scheduled for hearing immediately following the announcement of the judgment in the previously mentioned connected appeals.

Questions settled in this judgment
  • Should leave to appeal be granted when identical legal questions are pending adjudication in other connected matters?
  • Can the Supreme Court consolidate or align the hearing of new petitions with previously heard appeals involving common questions of law?
leave to appealcivil petitionland commissionjudicial consistencyappellate procedure

ORDER

1. NASIM HASAN SHAH, J.--This order will govern C.P.S.L.A. No.70 of 1977 and Civil Petition for Special Leave to Appeal Vo.71 of 1977, as the common questions of law arise in the said petitions.

2. According to the learned counsel of the petitioners, leave has already been granted by this Court in C.P.S.L.A. No.240-R of 1976 (Muhammad Tahir Shah etc. v. Federal Land Commission Pak. Secretariat No.8, Rawalpindi, etc.) and C.P.S.L.A. No.241-R of 1976 (Muhammad Ali Shah etc. v. Federal Land Commission, Pak. Secretariat No.3, Rawalpindi etc.) with regard to the questions raised in these petitions. In fact, according to the learned counsel, the appeals arising out of these petitions have even been heard and the judgment is reserved therein.

3. Leave is, accordingly, granted in these cases also.

4. These petitions shall be made ready on the present record with liberty to the parties to add further documents, if any.

5. Security in the sum of Rs.1,000.

6. The appeals shall be put up for hearing as soon as the judgment in the appeals referred to above is announced. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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