| Case ID |
00e437cb-939c-4350-9cb0-fe0a43b79c5e |
| Body |
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| Case Number |
R.S.A. No.422 of 1965 |
| Decision Date |
Apr 26, 1992 |
| Hearing Date |
Apr 26, 1992 |
| Decision |
In the case of R.S.A. No.422 of 1965, the Lahore High Court, presided over by Justice Muhammad Ilyas, dismissed the appeal filed by Mst. Allah Jawai on April 26, 1992. The appellant contested the interpretation of Section 2-A, clauses (b) and (c) of the West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983, arguing that the previous judgment by Akhtar Hassan J., which declared the entire decree void, was incorrect. However, the court upheld the decision of Akhtar Hassan J., stating that the decree had attained finality and that Justice Muhammad Ilyas had no jurisdiction to re-examine the validity of the decree. Consequently, the appeal was dismissed with no order as to costs. |
| Summary |
The Lahore High Court rendered its decision on April 26, 1992, in the case of R.S.A. No.422 of 1965, cited as 1992 SLD 2131 and 1992 PLJ 344. The appellant, Mst. Allah Jawai, challenged the decree concerning the inheritance of property left by the deceased Maula Bakhsh, who passed away in 1924 without male heirs, leaving behind his widow Mst. Jiwan and daughter Mst. Zainab. The core legal issue revolved around the interpretation of Section 2-A, clauses (b) and (c) of the West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983. Mst. Allah Jawai contended that the previous judgment by Akhtar Hassan J., which declared the decree void, was flawed in its legal interpretation. Despite the appellant's arguments, including references to cases like 1989 MLD 3663 (Lahore) and AIR 1927 Lahore 289, the court upheld the prior decision, emphasizing that the decree had achieved finality and that there was no jurisdiction to revisit its validity. The judgment underscores the court's adherence to procedural finality and the limitations of appellate review in this context. Key legal principles addressed include the scope of judicial review, the finality of decrees under the specified ordinance, and the procedural aspects of inheritance law. This case is pivotal for legal practitioners focusing on inheritance disputes, appellate jurisdiction, and the interpretation of personal law ordinances in Pakistan. The decision reinforces the importance of finality in judicial proceedings and sets a precedent for similar future cases involving complex interpretations of personal law provisions. Trending keywords such as 'Lahore High Court decisions,' 'inheritance law Pakistan,' 'appellate jurisdiction in Pakistan,' and 'West Pakistan Muslim Personal Law' are integral to understanding the legal landscape shaped by this ruling. Legal experts and scholars may refer to this case when analyzing the interaction between statutory provisions and judicial interpretations, especially in the realm of personal and family law. |
| Court |
Lahore High Court
|
| Entities Involved |
Mst. Zainab,
Mst. Allah Jawai,
Mst. Jiwan,
Jalal Din,
Nazir Ali,
Faqir Ali,
Mst. Lachhmi,
Mst. Bhulli,
Bishan Singh,
MaulaBakhsh,
Dewa Singh
|
| Judges |
Muhammad Ilyas, J
|
| Lawyers |
Sh. Hamid Mukhtar,
Mr. Saeeduz Zafar,
Mirza Hafeezur Rehman,
Ch. Hamiduddin,
Nemo
|
| Petitioners |
Mst. Allah Jawai
|
| Respondents |
Muhammad Ali,
Nazir Ali,
Faqir Ali
|
| Citations |
1992 SLD 2131,
1992 PLJ 344
|
| Other Citations |
1989 MLD 3663 (Lahore),
1987 CLC 587,
AIR 1927 Lahore 289
|
| Laws Involved |
West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983
|
| Sections |
2-A
|