| Case ID |
0e1c5234-75de-460e-9629-5972798a1f3c |
| Body |
View case body. Login to View |
| Case Number |
Civil Review Petition No. 47 of 2005 and Civil Mis |
| Decision Date |
Apr 27, 2011 |
| Hearing Date |
Apr 27, 2011 |
| Decision |
The Supreme Court dismissed the review petition on the grounds that the requirements for the alienation of property of a minor by a legal guardian were not fulfilled. The counsel for the petitioner argued that the necessary conditions laid out in section 362 of the Mahomedan Law were not met, but the court found that most conditions were indeed mentioned in the judgment under review. The argument of lack of evidence was deemed insufficient, leading to the dismissal of the review petition. Additionally, the court ruled that another counsel could not represent the petitioner due to the original counsel's availability, which further contributed to the dismissal of the review petition. The court also addressed procedural issues regarding other applications filed during the pendency of the appeal, ultimately dismissing those as well. |
| Summary |
This case revolves around the legal intricacies of property alienation concerning minors under the Mahomedan Law, specifically focusing on the conditions required for such actions by a legal guardian. The Supreme Court of Pakistan analyzed the validity of a review petition that challenged a previous decision regarding these conditions. The court emphasized the importance of adhering to legal requirements and the procedural propriety of representation in court. The case highlights significant aspects of guardianship law and the procedural rules of the Supreme Court. Key issues included the sufficiency of evidence, the representation of petitioners, and the dismissal of applications based on procedural grounds. Legal professionals should note the implications of this case for future guardianship matters and the strict adherence to legal standards required in similar petitions. Keywords such as 'guardianship law', 'legal representation', 'Supreme Court procedures', and 'property alienation of minors' are pertinent in this context, ensuring better visibility and relevance in legal discussions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
NATIONAL AGRICULTURE LIMITED
|
| Judges |
MIAN SHAKIRULLAH JAN,
MAHMOOD AKHTAR SHAHID SIDDIQUI,
AMIR HANI MUSLIM
|
| Lawyers |
Jehangir A. Jhojha, Senior Advocate Supreme Court for Petitioners,
S.M. Zafar, Senior Advocate Supreme Court for Respondent No.1,
Gulzarin Kiyani, Senior Advocate Supreme Court for Applicant,
Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court for Petitioners,
S.M. Zafar, Senior Advocate Supreme Court for Respondent No.3,
Zulfiqar Khalid Maluka, Advocate Supreme Court for Applicant,
Syed Iftikhar Hussain Gillani, Senior Advocate Supreme Court for Intervener
|
| Petitioners |
others,
FAZALERABBI
|
| Respondents |
others,
Messrs NATIONAL AGRICULTURE LIMITED
|
| Citations |
2012 SLD 1443 = 2012 SCMR 433
|
| Other Citations |
Not available
|
| Laws Involved |
Supreme Court Rules, 1980,
Constitution of Pakistan,
Civil Procedure Code (V of 1908)
|
| Sections |
O.XXVI, R.1,
Art. 188,
O.XLVII, R.1
|