Legal Case Summary

Case Details
Case ID 10c7af23-1b7e-49b0-8bda-78958407775c
Body View case body.
Case Number Civil Petition No. 3130 of 2020
Decision Date Sep 29, 2022
Hearing Date Sep 29, 2022
Decision The Supreme Court of Pakistan converted the petition for leave to appeal into an appeal and allowed it, setting aside the impugned judgment of the Islamabad High Court. The Court directed the prosecution branch to submit the challan of the case before the Trial Court without unnecessary delay, emphasizing the importance of determining the issue of entrustment and misappropriation of property through proper legal proceedings. The Court noted that the FIR contained sufficient allegations that warranted further investigation and trial under the law.
Summary In the case of Muhammad Ali vs. Samina Qasim Tarar and others, the Supreme Court of Pakistan addressed issues of criminal breach of trust under sections 405 and 406 of the Penal Code. The petitioner, Muhammad Ali, alleged that after entering into a sale agreement for a property, the respondents failed to transfer ownership and sold the property to another individual, thereby committing a breach of trust. The High Court had quashed the FIR, leading to the Supreme Court's intervention. The decision underscored the dual avenues of civil and criminal remedies, asserting that the nature of the act does not lose its criminality simply due to civil implications. The ruling highlighted the necessity for thorough investigation and trial to determine the legitimacy of the allegations raised by the petitioner, ensuring the judicial process is upheld.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges IJAZ UL AHSAN, SAYYED MAZAHAR ALI AKBAR NAQVI
Lawyers Muhammad Shahid Kamal Khan
Petitioners MUHAMMAD ALI
Respondents others, SAMINA QASIM TARAR
Citations 2022 SLD 2323, 2022 SCMR 2001
Other Citations Not available
Laws Involved Penal Code (XLV of 1860)
Sections 405, 406