h1

Article: 185 Appellate jurisdiction of Supreme Court

185. Appellate jurisdiction of Supreme Court.-(1) Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine appeals from judgments, decrees, final orders or sentences of a High Court.

(2) An appeal shall lie to the Supreme Court from any judgment, decree, final order or sentence of a High Court–

(a) if the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to transportation for life or imprisonment for life; or, or revision, has enhanced a sentence to a sentence as aforesaid; or

(b) if the High Court has withdrawn for trial before itself any case from any Court subordinate to it and has in such trial convicted the accused person and sentenced him as aforesaid; or

(c) if the High Court has imposed any punishment on any person for contempt of the High Court; or

(d) if the amount or value of the subject-matter of the dispute in the Court of first instance was, and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that behalf by Act of 1[Majlis-e-Shoora (Parliament)] and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the Court immediately below; or

(e) if the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the Court immediately below; or

(f) if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.

(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of a High Court in a case to which clause (2) does not apply shall lie only if the Supreme Court grants leave to appeal.

__________________________________________________________________________

Footnotes:


1. See Footnote 2 of Article 1.


Comparative Table of Article 185 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
58
Constitution of Pakistan 1956 :
157&160
Constitution of India 1950:
132
Government of India Act 1935:
205


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Leading & Latest Cases on Article 185 of the Constitution of Pakistan, 1973 :

P L D 1961 SC 166  MANZUR AHMAD  PROVINCE OF WEST PAKISTAN AND OTHERS
NIHAL KHATOON AND OTHERS
ALLAH WASAI
P L D 1973 SC 49

 

P L D 1983 SC 426

STATE

 

MUHAMMAD RAFIQUE AND

ZIA-UR-REHMAN AND OTHERS

MUHAMMAD RAFIQUE AND ANOTHER

P L D 1989 SC 26
FEDERATION OF PAKISTAN AND ANOTHER
GHULAM MUSTAFA KHAR
P L D 1989 SC 266 MUHAMMAD AZIM MALIK A.C. & S.D.M. PREEDY (SOUTH) KARACHI AND OTHERS
P L D 1990 SC 295
SHRIN MUNIR AND OTHERS
GOVERNMENT OF PUNJAB AND ANOTHER
1994 SCMR 1283 GOVERNMENT OF SINDH THROUGH THE CHIEF SECRETARY KARACHI AND 4 OTHERS RAEESA FAROOQ AND 5 OTHERS
P L D 2002 SC 514 SHEIKH MUHAMMAD RASHID MAJID NIZAMI, EDITOR-IN-CHIEF, THE NATION AND NAWA-E-WAQAT, LAHORE
P L D 2008 SC 609  AAMIR GILL  ELECTION COMMISION, PUNJAB
P L D 2009 SC 709 MUHAMMAD SHARIF  THE STATE
P L D 2009 SC 814 MIAN MUHAMMAD NAWAZ SHARIF THE STATE
 

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