| Case ID |
14a8c5b2-6ad9-4aeb-a622-aeda0abb61ce |
| Body |
View case body. Login to View |
| Case Number |
Constitutional Petition No. S-40 of 1991 and Misce |
| Decision Date |
Feb 15, 1996 |
| Hearing Date |
|
| Decision |
The court allowed the review application in part, rectifying an erroneous assumption made in a previous order regarding the entitlement of Sher Muhammad to transfer the property known as Chapra. The original judgment had declared the transfer void and without legal authority. The review clarified that the previous order incorrectly stated that Sher Muhammad was entitled to the property, which was not supported by the trial court's judgment. The review application was thus partially granted, removing the erroneous declaration from the record. |
| Summary |
This case revolves around a review application concerning the erroneous assumption of facts in a previous ruling regarding property transfer. The Sindh High Court addressed the legal implications of the Civil Procedure Code and clarified the standing of the involved parties. The case emphasizes the importance of accurate judicial declarations and the rectification of any misleading statements that could influence lower courts. The decision showcases the court's commitment to ensuring that judicial records reflect the true nature of prior judgments, thereby maintaining the integrity of the legal process. Keywords: Sindh High Court, Civil Procedure Code, property transfer, judicial review, legal rectification. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL LATIF U. QURESHI,
ALI MUHAMMAD BALOCH
|
| Lawyers |
Moin-ud-Din Ahmed for Petitioner,
Amir Hani, A.A.G. for Respondent
|
| Petitioners |
Maulana ABDUL QUDDUS BIHARI through Legal Heirs
|
| Respondents |
MEMBER (LAND UTILIZATION), BOARD OF REVENUE SINDH
|
| Citations |
1997 SLD 794,
1997 CLC 1332
|
| Other Citations |
1995 SCMR 922
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XLVII, R.1
|