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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
Subject matter
Constitutional

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 art. 199---Constitutional jurisdiction of the High Court---Scope---Constitutional jurisdiction of the High Court, as provided in article 199 of the Constitution, is well-defined and its invocation is limited in scope against appellate decisions---Objective of article 199 of the Constitution is to foster justice, protect rights and correct any wrongs, for which, it empowers the High Court to rectify wrongful or excessive exercise of jurisdiction by lower courts and address procedural illegality or irregularity that may have prejudiced a case---However, constitutional jurisdiction cannot be invoked as a substitute for a revision or an appeal---High Court in constitutional jurisdiction cannot reappraise the evidence and decide the case on its facts---Interference is on limited grounds as an exception and not the rule---High Court, in its capacity under article 199, lacks the jurisdiction to re-examine or reconsider the facts of a case already decided by lower courts---Its role is limited to correcting jurisdictional errors and procedural improprieties, ensuring the proper administration of justice.

Other judgments reported in 2023 SCMR

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