| Case ID |
14dd4fbc-9646-4592-83dc-00c50a353952 |
| Body |
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| Case Number |
Civil Petitions Nos. 424 and 528 of 2004 |
| Decision Date |
May 18, 2005 |
| Hearing Date |
May 18, 2005 |
| Decision |
The Supreme Court of Pakistan restored the trial court's decision, emphasizing the necessity of fulfilling specific legal requirements regarding Talb-e-Muwathibat and Talb-e-Ishhad for the right of pre-emption. The court highlighted that without proving the performance of Talbs, the right to pre-emption could not be exercised. The appeal in C.P. No. 424 of 2004 was allowed, while C.P. No. 528 of 2004 was dismissed. The judgment reiterated the need for detailed particulars in pleadings concerning pre-emption suits, especially regarding the timing and context of Talbs. |
| Summary |
This case revolves around the interpretation and application of the North-West Frontier Province Pre-emption Act, particularly Section 13, which outlines the procedural requirements for claiming the right of pre-emption. The Supreme Court of Pakistan addressed the necessity for petitioners to establish that they fulfilled the necessary Talbs, specifically Talb-e-Muwathibat and Talb-e-Ishhad, in a timely manner. The ruling emphasized that failure to provide specific details regarding the date, time, and place of these Talbs could result in the extinguishment of the pre-emption right. The court's decision underscores the importance of strict adherence to legal protocols in pre-emption claims, ensuring that all procedural requirements are met to validly assert such rights. This case serves as a significant reference point for future pre-emption litigations, establishing clear guidelines for the necessary evidentiary requirements and the implications of failing to meet these standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Raza Khan,
Muhammad Nawaz Abbasi
|
| Lawyers |
Gulzarin Kiani,
M.S. Khattak,
Abdul Aziz Kundi
|
| Petitioners |
Fazal Subhan,
|
| Respondents |
,
Mst. Sahib Jamala
|
| Citations |
2005 SLD 745,
2005 PLD 977
|
| Other Citations |
Noor Muhammad v. Abdul Ghani 2000 SCMR 329,
Altaf Hussain's case 2000 SCMR 314,
Abdul Qayum through Legal Heirs v. Mushk-e-Alam and another 2001 SCMR 798,
Zarghoon Shah through his Legal Heirs v. Muhammad Yaqoob Khan Civil Appeal No.560 of 1995,
Said Kamal's case PLD 1986 SC 360,
Haji Muhammad Saleem v. Khuda Bakhsh PLD 2003 SC 315,
Muhammad Siddique v. Muhammad Sharif 2005 SCMR 1231,
Abdul Qayyum Khan v. Musa Khan 1995 CLC 729,
Shafi Muhammad v. Hazar Khan 1996 SCMR 346
|
| Laws Involved |
North-West Frontier Province Pre-emption Act,
Civil Procedure Code
|
| Sections |
13,
O.VI, Rr.2 & 4
|