| Case ID |
1583ec4a-d9dd-4d05-a0c8-5a3cfea03e20 |
| Body |
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| Case Number |
Civil Revision No.466 of 2000 |
| Decision Date |
Jun 14, 2005 |
| Hearing Date |
May 11, 2005 |
| Decision |
The court held that the plaintiff, Mudam Gul, was entitled to a decree for possession through pre-emption after taking an oath on the Holy Qur'an regarding the genuineness of arbitration documents. The court emphasized that a party cannot resile from an oath once administered. The initial offer made by the defendants was accepted by the plaintiff, and the court found no legal basis for the additional requirement of pronouncing Talaq. The case was remanded back to the Senior Civil Judge for a decision on merits, highlighting the importance of a fair judicial process. |
| Summary |
In the case of Civil Revision No.466 of 2000, decided by the Peshawar High Court, the plaintiff Mudam Gul filed for possession through pre-emption regarding a property transaction. The court examined the implications of the Oaths Act and Qanun-e-Shahadat, specifically focusing on the nature of oaths in legal proceedings. The court determined that the administration of oaths must be conducted with due diligence, and parties must not be influenced by emotional circumstances when offering oaths. The decision underscored the necessity for courts to protect litigants' rights and ensure that decisions are made based on solid legal reasoning rather than hasty judgments. The ruling ultimately favored the plaintiff, affirming the validity of the oath taken regarding the arbitration documents, and remanded the case for further proceedings to ensure justice was served. This case highlights the critical balance between legal formalities and the emotional dynamics at play in litigation, making it a significant reference point in the discourse on judicial fairness and the administration of justice. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Salim Khan
|
| Lawyers |
Ziaur Rehman,
Abdul Latif Afridi
|
| Petitioners |
others,
Muqadar Shah
|
| Respondents |
Mudam Gul
|
| Citations |
2005 SLD 1362,
2005 CLC 1441
|
| Other Citations |
1999 SCMR 2702,
1999 CLC 1685,
1998 SCMR 816,
PLD 2002 SC 310,
PLD 1984 Pesh. 121,
1999 MLD 389,
PLD 1990 SC 841,
PLD 2002 SC 655,
PLD 1993 Pesh. 72,
1991 SCMR 1371,
1997 SCMR 1085,
1999 SCMR 2115,
PLD 1988 Pesh. 65,
PLD 1993 Pesh. 71
|
| Laws Involved |
Oaths Act (X of 1873),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
5,
7,
8,
9,
10,
163
|