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GHULAM HUSSAIN versus GHULAM MUHAMMAD


Article 199 The question of jurisdiction, which is held, is not open to challenge constitutional jurisdiction [question of fact]

1981 C L C 1400

[Karachi]

Before Zafar Hussain Mirza, J

GHULAM HUSSAIN AND 4 OTHERS‑Petitioners

versus

Mir Haji GHULAM MUHAMMAD AND 2 OTHERS ‑Respondents

Constitutional Petition No. 544 of 1974, decided on 2nd April, 1980.

Constitution of Pakistan (1973)‑---

‑‑ Art. 199‑Jurisdiction‑Question of facts, held, not open to challenge in constitutional jurisdiction.‑[Question of fact].

It is well‑settled that in the extraordinary jurisdiction the High Court cannot review findings of fact arrived at by lower Tribunal as a Court of Appeal unless it is shown that the finding was not supported by any evidence at all or where such finding was arrived at by ignoring evidence on record. That High Court may take a different view of the evidence on record is no ground for interference with the finding of lower Tribunal.

Malik Muhammad Saeed for Petitioners.

Maroof Ali Khan for Respondent No. 1.

Date of hearing : 2nd April, 1980.

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