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Haji MOOSA KHAN vs Mst — 2024 CLC 1785 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 1785 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
Haji MOOSA KHAN vs Mst

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

Haji MOOSA KHAN VS Mst. NAZIA BIBI art.199---Constitutional Jurisdiction of High Court---Scope---alternate statutory/legal remedies having been availed/exhausted by the petitioners---Effect---Reappraisal of evidence and factual controversy recorded and resolved by revisional court in writ jurisdiction---Scope---Last court to appraise and reappraise a factual controversy with the support of evidence recorded was the Revisional/appellate Court---High Court was not the appellate Court, which could exercise such jurisdiction---Revisional Court had since exercised the jurisdiction vested in it that included misreading and non-reading of evidence; it cannot be yet again re-appreciated by invoking the jurisdiction of High Court under art.199 of Constitution for redetermination of facts---High Court under art.199 of the Constitution cannot assume the jurisdiction which is otherwise not vested in it i.e. reappraisal of evidence recorded by the Revisional Court, which is last fact finding Court---High Court can only intervene where the jurisdiction has been exercised, which is not vested, and/or vested but not exercised---Constitution petition was dismissed accordingly.

Other judgments reported in 2024 CLC

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