Thursday, November 20, 2014

Appeal & Review case laws in pakistan

Appeal & Review
2012 SCMR 455

Administrative decisions of government bodies--- Judicial restraint and judicial review ---Principles---Scope---Court does not sit as a court of appeal but merely review s the manner in which decision was taken by

2012 SCMR 385

Sr. No.6, para 2---Constitution of Pakistan, Art.188---review of Supreme Court judgment---Premature retirement---Withdrawal of application---Application of civil servant for withdrawal of his request of premature


2012 SCMR 147

S. 12(2)---Judgment, setting aside of---Forum---Judgments and decrees passed by Trial Court were modified by High Court but petitioner filed application under S. 12(2), C.P.C. before Trial Court for setting aside the

2012 PLC 507 2011 SCMR 1111

S. 4---appeal to Service Tribunal---Limitation---Limitation for filing appeal against final order being 30 days in absence of any provision providing thereagainst departmental appeal , review or representation---In

2011 PLD 916 SC

Arts. 185 & 199---Principle of finality attaching to the decisions of the High Court and the Supreme Court-Scope-Where the matter is decided by High Court or the apex Court, the same cannot be brought before the

2011 PLD 235 SC


Arts. 185, 188, 184 & 199---appeal ---review ---Scope---Short order of court disposing of matter finally without supporting reasons would be treated as final order/judgment of court for all intents

2011 SCMR 1494


. 16---Supreme Court Rules, 1980, O. XXVI, R.1---Civil Procedure Code (V of 1908), S. 114 & O. XLVII, R. 1---Constitution of Pakistan, Art.188---review of Supreme Court judgment---Judgment of High

2010 SCMR 1940


Art. 188---review of Supreme Court judgment---High Court had non-suited respondent on the point of limitation, but that fact was not properly attended to in the impugned judgment---Prima facie, the

2010 SCMR 1883


Art. 188---Supreme Court Rules, 1980, O.XXVI---review of Supreme Court judgment---Fresh plea---Scope---Fresh point/plea is generally not allowed by Supreme Court to be raised during arguments of

2010 SCMR 1495


Regln. 4 (ii) (c) (2)---Constitution of Pakistan (1973), Art. 212(3)---Leave to appeal was granted by Supreme Court to consider; whether competent authority had jurisdiction to review performance of

2010 PLD 857 SC


S.4---appeal ---Service Tribunal---Jurisdiction, invoking of--Principles-Re-designation of posts---Effect---In absence of final order of departmental authority in respect of terms and conditions of

2010 PLD 665 SC


Art. 188---review by Supreme Court---Practice and procedure---Where all material grounds taken up by petitioner during the course of hearing of appeal had been dealt with and decided by Supreme Court

2009 SCMR 1364


Art. 185(3)---Petition for leave to appeal ---Limitation---Period spent for pursuing review petition was not liable to exclusion while reckoning the period of limitation for assailing the basic

2009 SCMR 1279


Art. 185---Income Tax Ordinance (XLIX of 2001), Ss.122, 122A, 122B, 221 & Preamble---appeal to Supreme Court---Question was as to how the Supreme Court could come to the rescue of the draftsman of

2009 SCMR 749


Art. 188---Supreme Court Rules, 1980, O.XXVI---review of Supreme Court judgment---Scope---Scope ofreview being very limited, review cannot be treated as a substitute for appeal proceedings---Principles

2008 SCMR 822


Art. 188---Limitation Act (IX of 1908), S.5---review of Supreme Court judgment-Delay in filing petition---Sufficient cause---Application for condonation of delay---Validity and scope---Petitioner had

2008 SCMR 763


Art. 188---Supreme Court Rules, 1980, O.XXVI, R.1---review of Supreme Court judgment---Scope---Important point of law raised in petition for leave to appeal and argued by petitioner, but was not taken

2008 SCMR 575


Art. 188---Supreme Court Rules, 1980, O.XXVI, R.1---Civil Procedure Code (V of 1908), O. XLVII, R.1---reviewof Supreme Court judgment---review of order passed in petition for leave to appeal ---Ground

2008 SCMR 226


S. 12(2)---Constitution of Pakistan (1973), Arts.185(3) & 188---Application for challenging the validity of a judgment, decree or order on plea of fraud and misrepresentation---Maintainability---

2008 SCMR 1189


Arts. 188 & 185(3)---review of Supreme Court judgment---Petitioner had been non-suited primarily on laches, but without taking into consideration the facts of case, whereas examination of same was

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