Case Law Update

 In the case of “Zakia Hussain v. Farooq Hussai” (2020   PLD  401) honorable Supreme Court held that;

----“The Court elaborated that “[i]nitially, it is the party itself to depose about the first hand and direct evidence of material facts of the transaction or the dispute and its attorney having no such information cannot be termed as a competent witness within the meaning of Order III Rule 1 & 2 of CPC. Yes! The attorney can step-in as a witness if he possesses the first hand and direct information of the material facts of the case or the party had acted through the attorney from the very inception till the accrual of cause of action. Deposition of such an attorney under the law would be as good as that of the principal itself. Non-appearance of the party as a witness in such a situation would not be fatal. If facts and circumstances of the case reflect that a party intentionally did not appear before the court to depose in person just to avoid the test of cross examination or with an intention to suppress some material facts from the court, then it will be open for the court to presume adversely against said party as provided in Article 129 (g) of Qanun-e-Shahadat, Order 1984 (QSO, 1984).”

Jurisdiction of Supreme court of Pakistan as per Constitution of Pakistan 1973

 Jurisdiction of Supreme court of Pakistan

1.      184(1) Original jurisdiction in inter-governmental disputes, issues declaratory judgments;

2.      184(3) Enforcement of Fundamental Rights involving an issue of public importance;

3.      Art 185(2) Appeal from judgment/order of High Court in criminal cases, tried in original and/or appellate capacity and having imposed death penalty or life imprisonment;

4.      Art 185(2) Appeal in civil cases when the value of claim exceeds fifty thousand rupees;

5.  Art 185(2) Appeal when High Court certifies that the case involves interpretation of the Constitution;

6.      Art 185(3) Appeal (subject to grant of leave) from High Court judgment/order;

7.    Art 186 Advisory jurisdiction on any question of law involving public importance referred by the President;

8.      Art 187 To issue directions/orders for doing complete justice in a pending case/matter;

9.      Art 188 To review any of its own judgment/order;

10.  Art 204 To punish for its contempt;

11.  Art 212 Appeal from Administrative courts/tribunals; and

12.  Art 203F Its Shariat Appellate Bench hears appeals from judgments/orders of Federal Shariat Court.