Legal Case Summary

Case Details
Case ID 0e1c5234-75de-460e-9629-5972798a1f3c
Body View case body.
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