DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION vs SAIMA SHAREEF — 2026 CLC 577 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2026 CLC 577 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2026
Reporter: CLC
Parties: DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION vs SAIMA SHAREEF
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

DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION VS SAIMA SHAREEF. art. 44---Dispute qua ownership of land---Factual questions / disputed questions of fact---Resolution---Interference by High Court---Scope---Non-consideration of report from Revenue Department/Commissioner qua ownership of disputed land---Effect---High Court issued direction for initiation of acquisition proceedings and payment of compensation to petitioner---Validity---High Court deemed it appropriate to call for a report from Commissioner recognizing existence of disputed question of fact, however, did not consider it necessary to even advert to the same---Judgment of High Court was silent on the crucial piece of evidence that was not only relevant but central to the foundation of the dispute and if the same was properly considered that might have led to a different conclusion---Such failure being a serious misdirection warranted interference by Supreme Court---Principle that constitutional jurisdiction must not be exercised where disputed questions of fact arise had been violated, thus findings of High Court appeared to be based on presumptions rather than established facts---Factual controversies involved in the writ petition could not be resolved in constitutional petition---Civil appeal was accepted and judgment of High Court was set aside in circumstances.

Other judgments reported in 2026 CLC

2026 CLC 673 ISLAMABADAMNA FAYYAZ VS ADDITIONAL DISTRICT JUDGE (WEST) ISLAMABAD S.5, Sched.---Civil Procedure Code (V of 1908), O.I, R.10(2)---Suit for recovery o…
2026 CLC 754 SUPREME-COURT-AZAD-KASHMIRCUSTODIAN EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD VS MAJID RAFIQUE. Ss.18-a(2) & 25(2)(p), (q)---Evacuee Property allottees (…
2026 CLC 673 ISLAMABADAMNA FAYYAZ VS ADDITIONAL DISTRICT JUDGE (WEST) ISLAMABAD O.I, R.10---Necessary and proper party, impleadment of---Scope---If during the cou…
2026 CLC 754 SUPREME-COURT-AZAD-KASHMIRCUSTODIAN EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD VS MAJID RAFIQUE. Ss.18-a(2) & 25(2)(p), (q)---Evacuee Property allottees (…
2026 CLC 688 SUPREME-COURT-AZAD-KASHMIRAZAD GOVERNMENT VS MUHAMMAD IQBAL KHAN. Ss.4, 11, 18, 23 & 54---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), S.42---acqui…
2026 CLC 513 SUPREME-COURT-AZAD-KASHMIRMUSHTAQ AHMED VS WALI AHMED MIR. arts. 42(11)(d) & 42(11)(e)---Direct appeal in Supreme Court---Maintainability---Filing of civil petition f…

Back to the case-law library · Search Pakistani case law in Urdu or English