Mrs. TANVEER RAFIQUE vs GOVERNMENT OF THE PUNJAB through Secretary S&GAD art — 2023 PLC(CS) 580 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLC(CS) 580 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLC
Parties: Mrs. TANVEER RAFIQUE vs GOVERNMENT OF THE PUNJAB through Secretary S&GAD art

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mrs. TANVEER RAFIQUE VS GOVERNMENT OF THE PUNJAB through Secretary S&GAD art. 199---Constitutional jurisdiction---Judicial review---Scope---Mistake as to a fact can also vitiate a decision where the fact is a condition precedent to exercise of jurisdiction, or where the fact is the only evidential basis for a decision or where the fact was about a matter which expressly or impliedly have to be taken into account---Likewise, at times, an error of fact can lead to unfairness---Hence, where there has been a mistake as to an existing fact and where such fact is uncontentious and objectively verifiable and such mistake had played a material even though not decisive part in the decision-makers reasoning, then High Court has the jurisdiction to intervene and remedy the defect---Taking into account a mistaken fact or misunderstanding or ignoring an established and relevant fact leads to judicial review of the decision so reached---Such head of review known as error of fact is now sufficiently well established for High Court to rely on it.

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