| Case ID |
0053cb36-1418-43f3-be58-2cdeccd6bbd4 |
| Body |
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| Case Number |
Civil Petition No.24-L of 2005 |
| Decision Date |
Apr 21, 2005 |
| Hearing Date |
Apr 21, 2005 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of the petitioners, restoring the judgment of the trial court. The court found that the respondents had not proven the fulfillment of the requirements of Talbs as mandated by the Punjab Pre-emption Act. The case revolved around the performance of Talb-i-Ishhad within the prescribed statutory period, which was deemed not fulfilled. The appeal was granted with no order as to costs, emphasizing the importance of evidence in pre-emption cases. |
| Summary |
In the case of Muhammad Riaz and another vs. Ghulam Nabi and another, the Supreme Court of Pakistan addressed the legal intricacies surrounding the Punjab Pre-emption Act, specifically Section 13, which outlines the requirements for pre-emption claims. The court scrutinized the performance of Talbs, highlighting that such actions must be completed within a statutory timeframe and substantiated with adequate evidence. The petitioners contested the findings of the lower courts, arguing that the Talbs were not performed correctly, which led to the reversal of the appellate court's decision. This case serves as a critical reference in Pakistani property law, particularly in understanding the procedural aspects of pre-emption rights. Keywords: Punjab Pre-emption Act, Talbs, evidence, property law, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NAWAZ ABBASI,
M. JAVED BUTTAR
|
| Lawyers |
Ch. Muhammad Anwar Bhinder,
S.M. Tayyab
|
| Petitioners |
M. JAVED BUTTAR,
MUHAMMAD RIA
|
| Respondents |
GHULAM NABI
|
| Citations |
2005 SLD 1387,
2005 SCMR 1458
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act
|
| Sections |
13
|