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M. HAMAD HASSAN vs Mst — 2023 SCMR 1434 SUPREME-COURT

Case information

Citation
2023 SCMR 1434 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2023
Reporter
SCMR
Parties
M. HAMAD HASSAN vs Mst
Provisions referred to
S. 5

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

M. HAMAD HASSAN VS Mst. ISMA BUKHARI S. 5, Sched.---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of the High Court---Scope of constitutional jurisdiction of the High Court while hearing petitions against appellate decisions, particularly in family cases---In the absence of a second appeal, the decision of the appellate court is considered final on the facts and it is not for High Court in its constitutional jurisdiction to offer another opportunity of hearing, especially in family cases where the legislature's intent to not prolong the dispute is clear---High Court in its constitutional jurisdiction should not substitute and adjudicate on the facts and tender its opinion, as it amounts to having an appeal out of the Appellate Court's judgment.

Other judgments reported in 2023 SCMR

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