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SYED NASEER BURHAN vs AZAD GOVERNMENT — 2026 PLD 32 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation
2026 PLD 32 SUPREME-COURT-AZAD-KASHMIR
Court
Supreme Court of Pakistan
Year
2026
Reporter
PLD
Parties
SYED NASEER BURHAN vs AZAD GOVERNMENT
Subject matter
Criminal

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

SYED NASEER BURHAN VS AZAD GOVERNMENT. O.XIX, R.6---Grounds not specified in memorandum of appeal or concise statement---Appellant relying on such grounds before the Court---Scope---Rule 6 of Order XIX of the Azad Jammu and Kashmir Supreme Court Rules, 1978 unequivocally emphasizes that an appellant cannot rely on grounds not specified in either the petition or memorandum of appeal or the concise statement without the Court's leave. Thus, the petition of appeal and the concise statement are interdependent and must be read together as a single, cohesive set of pleadings. Therefore, if a point is explicitly mentioned in the petition of appeal, it remains valid and can be relied upon during oral arguments, even if it is not reiterated in the concise statement. In the present case, the respondents not only raised said point but also appended the relevant documents to substantiate their argument along with the memo of appeal. Therefore, it would be incorrect to assert that the point was raised for the first time in the second concise statement. On the contrary, the petitioners had ample opportunity to rebut the point-in-question, as it was explicitly raised in the memo of appeal and supported by the necessary documents. The petition for review, lacking substance, was dismissed in the circumstances.

Other judgments reported in 2026 PLD

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