- At the time of seeking leave by this Court, the point was not taken up by the appellant nor the leave was granted on the point, however, during the course of arguments for the first time the point was taken up which merits no consideration and stands repelled. Muhammad Aziz Khan v. United Kashmir Flour Mills (Pvt.) Ltd 17-miles & 6 others 2003 SCR 363 (C)
- It has been the consistent practice of this Court that a legal point can be allowed to be argued for the first time in this Court even if the same has not been raised in the written statement nor argued before the High Court — Point of non-impleadment of necessary party which goes to the root of the case allowed to be argued. M. Shafi Nazami v. A. Shakoor and 2 others 2003 SCR 12 (B)
- Plea was never urged or argued before the High Court — Plea was not even raised in the memo of appeal before this Court nor any permission was sought from this Court to argue the point, the same cannot be allowed to be raised for the first time during the arguments in this Court. Ali Begum and 10 others v. Noor Hussain Khan 2003 SCR 30 (B)
- Point never agitated or argued before the High Court nor does it find mention in the judgment of High Court, cannot be allowed to be raised. Tariq Aziz v. Azad Govt. & 3others 2003 SCR 158 (E) (2001 SCR 481 rel)
- Point was not pressed before High Court nor there is any affidavit that point was pressed but same was not resolved-Cannot be allowed to be raised for the first time. Muhammad Latif v. BISE Mirpur & 4 others 2003 SCR 229 (A) 2003 SCR 158 & 2000 SCR 36 rel
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