| Case ID |
0b86a623-6b38-460d-a730-40ed0e7be9b4 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 825 |
| Decision Date |
Oct 18, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the lower court's decision, stating that the petitioner, Attiqullah, could not withdraw from his offer to be bound by the special oath taken by Kafayatullah. The court emphasized that once an offer is made and accepted, it constitutes a binding agreement akin to a contract. The court found no valid grounds for allowing Attiqullah to back out of his commitment, as the contract had not been shown to be void or frustrated. The appeal was therefore dismissed, reinforcing the principle that agreements made in court are to be honored unless there is a compelling reason to invalidate them. |
| Summary |
This case revolves around the issue of whether a party can resile from an offer made to be bound by the evidence given on a special oath by the opposite party. The petitioner, Attiqullah, claimed ownership of land against the respondent, Kafayatullah, and offered to abide by Kafayatullah's oath regarding the sale of the land. Upon Kafayatullah's acceptance of the offer, Attiqullah attempted to withdraw, leading to litigation. The Supreme Court ruled that the acceptance of the oath constituted a binding agreement, dismissing the petitioner's appeal and affirming the lower court's ruling. This case highlights critical aspects of contract law and the enforceability of agreements made in judicial settings, making it significant for legal practitioners and scholars alike. Keywords: Oaths Act, Supreme Court, binding agreement, contract law, legal precedent. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
ASLAM RIAZ HUSSAIN, J
|
| Lawyers |
M. S. Baqir, Advocate,
Sh. Abdul Karim, Advocate-on-Record
|
| Petitioners |
ATTIQULLAH
|
| Respondents |
KAFAYATULLAH
|
| Citations |
1981 SLD 184,
1981 SCMR 162
|
| Other Citations |
Haji Jan Muhammad and another v. Sher Dil and another P L D 1975 Lah, 97,
Muhammad Akbar and another v. Muhammad Aslam and another P L D 1970 S C 241,
Mst. Asifa Sultana v. Honest Traders, Lahore and another P L D 1970 S C 331,
Jalal Din v. Chiragh Din and others P L D 1972 Kar. 622,
Allah Rakha v. Punnun A I R 1941 Lah. 173,
Mohan Lai v. Roop Kishore A I R 1948 All. 125,
A I R 1957 Orissa 226,
Saleem Ahmad v. Khushi Muhammad
|
| Laws Involved |
Oaths Act
|
| Sections |
9,
10,
11
|