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MST. GUL JAN versus NAIK MUHAMMAD


Arts 185` (3) and 185 (2) Supreme Court Rules, 1980, O XIII, Rr 1 & 2; A XXIII, R 1; 7th XII, Rr 2 and 3 and O XXII, R 1 Question, which is the present case. I refer to the Special Bench, which was the case where there is a case where the appeal falls to the Supreme Court and no such appeal can be filed. The court rejects the request for leave to appeal. The request for leave under Article 185 (3) of the Constitution to appeal under Article 185 (3) of the Constitution is only competent and sustained where the appeal in the Supreme Court does not lie under Article 185 (2). As a matter of fact, the provisions of Article 185 (3) of the Constitution come into force and are applicable only in cases where an appeal is not allowed before the Supreme Court under Article 185 (2) of the Constitution. Appealing under Article 185 (3) of the Constitution or appealing under Article 185a of the Constitution or under any law are not only mutually exclusive remedies, but are also not interchangeable remedies with such separate treatment Be at the convenience of a party. The scope of such treatment may also be invasive as the scope of the application for leave of appeal is limited to only the provisions of R2 of OXIII and R1 of O XXIII of the Supreme Court Rules 1980. ? Points of law arising for the pledge, while an appeal based on R3 of OXII and RI of OI XXII of the Supreme Court Rules 1980 is against all objections to the High Court's decision and such objections May include cilia. Objection to determining facts and review of evidence that may be separate from the scope of the leave application for appeal and mutual immunity in the case of eligibility

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