Order/Judgment

  1. The Courts below and Judicial tribunals should pass an order — A non-speaking order without entering into the comparative merit of the parties is no judgment in eye of law. Shaheen Akhter  v. Uzma Jameel & 5 others 2007 SCR 162 (D) PLD 2004 SC 413 relied.
  2. Under law it is the obligation of the Court to consider all the contentions of the parties — Omission on the part of Court would amount to vital error — The judgment or order should contain detailed facts of the case, points for determination, contentions raised and the decision of the Court thereon. Ghulam Mustafa v. Aurangzeb 2008 SCR 87 (D)  2007 SCR 86 rel.
  3. The judgment of the High Court neither contains detailed facts of the case nor the points raised by the learned counsel for the parties — It was enjoined upon the learned Judge of the High Court to mention the points raised by both the learned counsel for the parties and resolve all those points —From the perusal of the judgment it does not reveal that what were the disputed points between the parties — Held: This judgment is no judgment in the eye of  law. Ch. M. Sadiq v. Mujahid Hussain Naqvi 2008 SCR 406 (A)
  4. Judgment should be very clear and after examining the judgement one should satisfy that all the disputed points have been resolved by the Court after applying judicious mind — The order should clearly contain the contentions of the learned counsel for the parties and finding of the Court on those. Ch. M. Sadiq v. Mujahid Hussain Naqvi 2008 SCR 406 (D) 1992 CLC 2036 rel.
  5. It is fundamental duty of the Court to consider all the contentions raised by the learned counsel for the parties — Any omission on the part of the Court would amount to failure to look into the disputed points is a vital error which could not be ignored — A judgment should contain: (I) the detailed facts of the case, (ii) points in dispute between the parties,(iii) contentions raised by the learned counsel for the parties and (iv) opinion on the contentions raised by the learned counsel for the parties. Ch. M. Sadiq v. Mujahid H. Naqvi 2008 SCR 406 (E) PLD 1986 SC (AJ&K) 56 rel.
  6. Judgment should contain concise statement of the case, points for determination, the decision thereon and the reasons for such decision — Omission on the part of the Court amounts to wastage of valuable time and unnecessary expenses and trouble to litigant public as well as encourages further litigation.Ch. M. Sadiq v. Mujahid H. Naqvi 2008SCR406 (F)PLD 1978 SC(AJK)161 rl.
  7. Any omission on the part of lower Court amounts to burden the litigant public with unnecessary expenses — When the case will be remanded then they have to engage the counsel, pay fee and they have to further undergo the agony of litigation. Ch. M. Sadiq v. Mujahid H. Naqvi 2008 SCR 406 (G)  PLD 1988 SC (AJ&K) 184 rel.
  8. A judgment is expression of Court’s opinion after giving due consideration to the pleading of the parties, evidence and arguments addressed — It is the duty of the Court to mention in detail the arguments raised by the learned counsel for the parties — If the judgment did not contain as such then it is no judgment in the eye of law. Ch. M. Sadiq v. Mujahid H. Naqvi 2008 SCR 406 (H) 2002 SCR 146 rel.
  9. In the instant case both the learned counsel for the parties are agreed that the impugned judgment is no judgment in the eye of law — Held: the impugned judgment does not fulfil the requirement of a judgment, thus it is set aside and the case remanded to the High Court with the direction that it shall hear the case afresh and dispose of the same within a period of three months from the receipt of this order. Ch. Muhammad Sadiq v. Mujahid Hussain Naqvi 2008 SCR 406 (I)
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