Law point

  1. Ordinarily the point which was not raised before the Courts below cannot be raised in this Court- Law point can be raised for the first time this court. Mst. Gulzar Begum  v. Asif and others 1994 SCR 116 (B)
  2. Writ — If a public functionary whose order is challenged has not been impleaded as a party — Writ not competent — This objection can be taken up at any time in this Court. Muhammad Ayub v. Tazarrat Hussain and 5 others 1998 SCR 58 (A)
  3. The law point going to the roots of the case can be raised in this Court for the first time — Document produced for the first time can be considered. M. Ayub v. Tazarrat Hussain 1998 SCR 58 (B)
  4. Contention being purely legal can be raised at any time before this Court. Aftab Ahmed and 5 others v. Muhammad Aftab Ahmed and 3 others 1999 SCR 119 (B)
  5. Law point allowed to be argued before this Court. Manzoor Hussain & 3 others v. Muhammad Akram and 15 others 1999 SCR 471 (B)
  6. A law point which goes to the root of the case allowed to be raised during arguments as of right. Abdul Ghani Farooqi  v. Chairman, AJK Council and 2 others 2000 SCR 273 (A)
  7. Law point argued before the High Court and also pressed in this court in arguments — This Court felt advised to decide the law point instead of remanding the case. Shamim Akhtar and 14 others v. Fatima Bi 2002 SCR 55 (C)
  8. No objection was raised with regard to non-impleadment of necessary party — Such an objection can be gone into by the Court suo motu — Effect of — 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. M. Naseem Kh. v. M. Akbar Khan and others 2003 SCR 142 (B)
  9. Pure legal question which was not raised before the lower Courts can be raised if it is raised in the memorandum of appeal or concise statement. Muhammad Malick v. Manzoor Hussain & 90 others 2015 SCR 259 (D)1997 SCR 389 & 1999 SCR 119 rel.
  10. —It is decades long settled position of law, that the law point which goes to the roots of the case, can be considered by Supreme Court even suo moto. Shujjha Ali khan v. Ghulam sarwar Lone & others 2022 SCR 787 (A) 1997 SCR 239 & 2003 SCR 142 rel.
  11. — Allotment Committee being a legal person was not impleaded as a party—held: writ was not competent despite the fact that no objection raised—such an objection could be gone into by the Court suo-motu without any objection having been raised from the opposite side. Amjid Hussain v. M. Ramzan & others 2022 SCR 919 (F) 1997 SCR 239 & 2003 SCR 12 ref.
  12. — any legal objection can be gone into by the Supreme Court suo-moto without any objection having been raised from the opposite side  Abdul Qayyum Khan versus Muhammad Miskeen & others 2023 SCR 934 (F & G) Syed Muhammad Akram Shah vs. Chairman allotment committee, Civil Appeal No.07 of 1997, decided on 24.07.1995    1997 SCR 239 ref.
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