Question of fact

A question of fact cannot be raised for the first time in this court. Azad Government v. Qamar-uz-Zaman Niazi 1993 SCR 9 (B)
Question of fact- Point cannot be allowed to be raised for the first time before this Court even if it is included in the memorandum of appeal. M. Riaz & others v. Azad Govt. 1994 SCR 82 (C)
Appellant was appointed by D.E.O. — Divergent assertions with regard to the filing of appeal — Affidavit by both the parties — Held: This question being a question of fact could have been resolved by producing evidence before the Service Tribunal but parties did not choose so — Issue resolved on basis of material available on record. Abdul Rashid v. D.E.O. 1997 SCR 367 (A)
Question of fact could not have been resolved in exercise of writ jurisdiction by the High Court. Muhammad Hayat Khan v. Board of Revenue and AJ&K 3 others 1999 SCR 158 (A)
The statement made by counsel of a party is question of fact which cannot be raised for first time before this Court — The question whether party consented to the statement made by his counsel is a question of fact which cannot be raised for the first time before this Court. Muhammad Maqsood & 4 others v. Muhammad Naib & 4 others 2002 SCR 223 (A)
Pure question of fact cannot be allowed to be raised for the first time before this Court. Muhammad Din & another v. Custodian of Evacuee Property & another 2002 SCR 93 (D)
Contention, that the questions of fact determined by the revenue authorities, should not have been set aside by the High Court in exercise of writ jurisdiction, held: orders which are based on wrong assumption of facts can be set aside by the High Court if they seem to be patently illegal and erroneous. Qamar Zaman and 39 others v. Aurangzeb and 2 others 2002 SCR 66 (F)
Disputed question of fact when requires evidence of parties for and against normally is resolved in writ jurisdiction — However, High Court has the jurisdiction to resolve the disputed question of fact in suitable case. Shahista Mumtaz v. Secretary Education and 6 others 2003 SCR 446 (C)
Mere fact that the defendants have denied the existence of certain facts is not sufficient to consider such question as disputed question of fact. Abdul Waheed Butt v. Excise & Taxation Officer and 3 others 2003 SCR 298 (C)
Extraordinary writ jurisdiction — Dismantle of construction — Whether the area claimed by the petitioner falls in certain plot is a question of fact, which relates to measurement of plot on spot — The competent authority after measurement found the land to be Mosque’s area from where construction was removed — High Court cannot, in its extraordinary writ jurisdiction, enter into disputed question of fact — Held: The writ petition was rightly dismissed. Essa Khan v. Mirpur Development Authority and 5 others 2006 SCR 166 (A)
Question of possession in the light of conflicting stands of parties and conflicting entries is a disputed question of fact cannot be decided without recording evidence of parties which practice normally is not followed in writ jurisdiction. Muhammad Habib Khan v. Nasiri Khatoon & 11 others 2006 SCR 22 (D)