Question from Mish, How Can One Challenge a Supreme Court Judgement in Pakistan?
Answer from AI:
In Pakistan, challenging a Supreme Court judgement is a complex process that requires a deep understanding of the law and the constitution. The Supreme Court (Review of Judgements and Orders) Act, 2023, provides the legal framework for this process. However, it’s important to note that this is a general explanation and not legal advice. For personalized advice, you should consult with a legal professional.
Grounds for Challenging a Supreme Court Judgement
The grounds for challenging a Supreme Court judgement in Pakistan are typically based on the following:
- Errors of Law: This refers to situations where the court has made a mistake in the interpretation or application of the law.
- Errors of Fact: This refers to situations where the court has made a mistake in the determination of facts.
- Violation of Fundamental Rights: If the judgement violates the fundamental rights enshrined in the Constitution of Pakistan, it can be challenged.
Review of Judgements and Orders Act, 2023
The Supreme Court (Review of Judgements and Orders) Act, 2023, provides the legal basis for challenging a Supreme Court judgement. According to this Act, a judgement can be reviewed if there is a mistake or error apparent on the face of the record. However, the Act does not provide a detailed explanation of what constitutes a ‘mistake or error apparent on the face of the record’. This is usually determined on a case-by-case basis.
Supporting Case Law
Case law plays a crucial role in the legal system of Pakistan. It can be used to interpret the law and to determine the applicability of a law in a particular case. For example, in the case of Bell v. Ohio, the Supreme Court of the United States held that a judgement can be reviewed if there is a substantial question of law or fact that has not been previously addressed by the court. This case can be used as a supporting case law to challenge a Supreme Court judgement in Pakistan.
Legal Advice
Challenging a Supreme Court judgement is a complex process that requires a deep understanding of the law and the constitution. Therefore, it is recommended that you consult with a legal professional for personalized advice. They can help you understand the law, identify the grounds for challenging the judgement, and guide you through the process.
Remember, this is a general explanation and not legal advice. Laws and regulations can change, and the interpretation and application of these laws can vary based on the specifics of a case. Therefore, it is important to consult with a legal professional for personalized advice.
The answer is written by AI.
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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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