| Case ID |
09e64fd9-764f-412a-825d-47df9bb5523d |
| Body |
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| Case Number |
Civil Petition No. 1575-L of 2004 |
| Decision Date |
Mar 09, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the concurrent judgments of the lower courts. The petitioner’s suit for pre-emption was dismissed due to discrepancies in the evidence presented to prove the performance of Talbs. The Court highlighted that the plaint lacked critical details such as the date, time, and witnesses for the Talb-i-Muwathibat, making it essential for the petitioner to provide credible evidence. The Supreme Court, reviewing under Article 185, refrained from re-evaluating the evidence as the concurrent findings were deemed unexceptionable, leading to the dismissal of the petition. |
| Summary |
This case revolves around a civil petition regarding the Punjab Pre-emption Act and the Constitution of Pakistan's Article 185(3). The petitioner, Mst. Rasoolan Bibi, challenged the decision of the Lahore High Court, which dismissed her suit for pre-emption based on insufficient evidence regarding the performance of Talbs. The Supreme Court upheld the lower courts' decisions, emphasizing the necessity for the plaintiff to provide clear and convincing evidence in pre-emption suits. The court also noted that discrepancies in evidence could undermine the case's credibility. This case highlights the importance of adhering to procedural requirements in legal petitions and serves as a reference for future pre-emption disputes. Keywords: pre-emption, civil petition, Supreme Court, Talbs, legal evidence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Tassaduq Hussain Jillani,
Syed Jamshed Ali
|
| Lawyers |
Zahid Hussain Khan
|
| Petitioners |
Mst. Rasoolan Bibi
|
| Respondents |
Khizar Hayat
|
| Citations |
2008 SLD 1480,
2008 SCMR 37
|
| Other Citations |
Haji Noor Muhammad v. Abdul Ghani and 2 others 2000 SCMR 329
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991),
Constitution of Pakistan (1973)
|
| Sections |
6,
13,
Art.185(3)
|