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SHAFQAT ALI vs Mst — 2026 SCMR 494 SUPREME-COURT

Case information

Citation
2026 SCMR 494 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2026
Reporter
SCMR
Parties
SHAFQAT ALI vs Mst
Subject matter
Family
Provisions referred to
Family Courts Act (XXXV of 1964)

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

SHAFQAT ALI VS Mst. ZAIB UN NISA. Article 199---Family Courts Act (XXXV of 1964), Section 5, Schedule---Constitutional jurisdiction of the High Court---Scope---Constitutional courts exercise limited supervisory jurisdiction and cannot re-appraise evidence or substitute their own opinion for that of the appellate court. The constitutional jurisdiction of the High Court under Article 199 of the Constitution is supervisory in nature and does not confer authority upon the constitutional courts to undertake fresh appraisal of evidence or to substitute their own findings for those recorded by the courts competent to adjudicate upon facts. In the present case, the matter had already been adjudicated upon by the Trial Court and the appellate forum on the basis of evidence available on record. Once the appellate court had examined the factual controversy and recorded its findings, the constitutional court was not justified in exceeding the scope of its jurisdiction by re-evaluating the evidence or substituting its own opinion for that of the appellate court. The acceptance of finality of findings recorded by the appellate court is essential for achieving certainty and closure in legal proceedings, conclusively resolving disputes, preventing unnecessary litigation and upholding the legislative intent of providing a definitive resolution through the existing appeal mechanism.

Other judgments reported in 2026 SCMR

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