| Case ID |
00d4803f-2aec-40e8-a74b-4362f7fa3999 |
| Body |
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| Case Number |
Civil Petitions for Special Leave to Appeal Nos. 1 |
| Decision Date |
Jan 27, 1987 |
| Hearing Date |
Jan 27, 1987 |
| Decision |
In this case, the Supreme Court of Pakistan reviewed the petitions for special leave to appeal Nos. 131 and 157 of 1980, which were initially dismissed by the Lahore High Court in Regular Second Appeals Nos. 728 and 727 of 1978. The petitioner contended that the donor was in Marzal Maut at the relevant time, rendering the gifts non-effective. Additionally, allegations were made regarding the donor's unsound mind, undue influence, fraud, and misrepresentation, which purportedly invalidated the gifts. The Supreme Court examined these claims but found the lower court's factual findings regarding Marzal Maut and other allegations to be legally and factually sound. The Court emphasized that the trial parties had the responsibility to frame precise issues and that the framing of an omnibus issue did not prejudice any party. Consequently, the Supreme Court affirmed the refusal of leave to appeal, dismissing the petitions without further examination. |
| Summary |
In the landmark decision of Civil Petitions for Special Leave to Appeal Nos. 131 and 157 of 1980, the Supreme Court of Pakistan upheld the dismissal of petitions filed by MST. SUGHRA BIBI ALIAS MEHRAN BIBI against ASGHAR KHAN AND ANOTHER. Decided on January 27, 1987, this case delves into intricate aspects of the Civil Procedure Code (V of 1908), specifically sections 100 and 1, in the context of leave to appeal and procedural justice. The petitioner challenged the validity of certain gifts on grounds that the donor was in Marzal Maut, lacked mental soundness, and was influenced by undue factors such as fraud and misrepresentation. However, the Supreme Court meticulously reviewed the findings of the Lahore High Court, which had previously dismissed the appeals, and found no legal infirmity in the factual determinations regarding Marzal Maut and the donor's mental state. The Court highlighted the importance of properly framed issues during trials, noting that the framing of an omnibus issue by the trial court did not disadvantage any party involved. This decision underscores the judiciary's role in upholding procedural integrity and ensuring that appeals are granted based on substantial legal grounds rather than procedural technicalities. Legal professionals and scholars can glean insights into the application of the Civil Procedure Code and the standards for granting leave to appeal from this case. Additionally, the case emphasizes the necessity for parties to diligently present precise issues during litigation to avoid potential setbacks in higher courts. Trending keywords related to this case include 'Supreme Court of Pakistan decisions', 'Civil Procedure Code insights', 'leave to appeal guidelines', 'judicial review Pakistan', and 'legal standards for petitions'. These keywords reflect the core themes of procedural justice, appellate review, and judicial integrity, making them highly relevant for legal research and SEO optimization within the legal domain. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court
|
| Judges |
MUHAMMAD AFZAL ZULLAH, JUSTICE,
JAVID IQBAL, JUSTICE
|
| Lawyers |
Not available
|
| Petitioners |
MST. SUGHRA BIBI ALIAS MEHRAN BIBI
|
| Respondents |
ASGHAR KHAN AND ANOTHER
|
| Citations |
1988 SLD 189,
1988 SCMR 4
|
| Other Citations |
Regular Second Appeals Nos. 728 and 727 of 1978
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
100,
1
|