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NOOR MUHAMMAD versus MUMTAZ BAIG


Article 98 Controversy of fact The fact, dispute-based question, raised for the first time in the constitution petition, cannot be brought by the High Court at the writ stage [fact writing question]

1981 C L C 1242

[Karachi]

Before Abdul Hafeez Memon and G. M. Kourejo, JJ

MOOR MUHAMMAD‑Appellant

versus

MUMTAZ BAIG‑Respondent

Letters Patent Appeal No. 168 of 1971, heard on 6th October 198(1.

(a) Settlement Scheme No. I‑----

---------Para. 10‑Natural justice, principle of‑Transfer of property in favour of respondent cancelled without notice‑Such cancellation, held, in violation of principle of natural justice and rightly set aside‑Case remanded to Deputy Settlement Commissioner for rehearing after giving notice to respondent.‑[Natural justice, principles of].

(b) Constitution of Pakistan (1962)‑------

--------Art. 98 ‑Question of fact‑Disputed question of fact, raised first time in Constitution petition‑Held, such dispute cannot be gone into by High Court at writ stage.‑[Question of fact‑Writ].

Nawaza v. Additional Settlement and Rehabilitation Commissioner P L D 1970 S C 39 and Farid Ahmad v. Ghiasuddin Chowdhury 1968 S C M R 88 ref.

Ismoil hfunshi for Appellant.

S. Hamid Hussain for Respondent.

Date of hearing : 6th October 1980.

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