| Case ID |
16090be5-6538-4500-a9e1-97f6eb03557d |
| Body |
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| Case Number |
Civil Appeal No. 1233 of 1996 |
| Decision Date |
Jul 29, 1998 |
| Hearing Date |
Jul 01, 1998 |
| Decision |
The Supreme Court upheld the High Court's decision, ruling that the jurisdiction to decide claims arising under sections 2 and 3 of the Punjab Muslim Personal Law (Shariat) Application Act lay with the Civil Court rather than the Revenue Authorities. The Court emphasized that where a Civil Court had decided a matter, any application by an affected person must also be adjudicated by the Civil Court. The ruling also clarified that the ambiguity in the statute regarding the choice of forum should be resolved in favor of the Civil Court, ensuring that the rights of the affected persons are adequately protected under the law. |
| Summary |
In the case of Sheikh Saeed Ahmed and another vs Abdul Wahid, the Supreme Court of Pakistan addressed significant issues regarding the jurisdiction of Civil Courts versus Revenue Courts in cases involving the Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act. The Court ruled that the jurisdiction for claims under this Act rests with Civil Courts, particularly when previous decisions have been rendered by these courts. This ruling is pivotal in clarifying the legal standing of female allottees and the enforcement of their property rights, particularly in the context of pre-emption rights. The decision underscores the importance of interpreting legislative ambiguities in a manner that preserves the intent of the law and protects the rights of individuals affected by property disputes. Keywords include 'Punjab Muslim Personal Law', 'property rights', 'Civil Court jurisdiction', and 'pre-emption rights', which are essential for understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Irshad Hasan Khan,
Muhammad Bashir Jehangiri
|
| Lawyers |
Ch. Qadir Bakhsh, Advocate Supreme Court,
Gul Zarin Kiani, Advocate Supreme Court
|
| Petitioners |
Sheikh Saeed Ahmed and another
|
| Respondents |
Abdul Wahid
|
| Citations |
1999 SLD 413,
1999 SCMR 1852
|
| Other Citations |
Muhammad Aslam v. Abdul Hamid 1991 SCMR 552,
Additional Settlement Commissioner v. Muhammad Shafi and others PLD 1971 SC 791,
Feroze v. Lal and 3 others 1981 CLC 11,
Hashmat Ali and another v. Mst. Jantan and 6 others 1993 SCMR 950,
Kikness v. John Hudson & Co. Ltd. (1955) 2 All ER 345,
Motor Owners' Insurance Co. Ltd. v. Jadavji Keshoji Modi 22 Guj LR 1208
|
| Laws Involved |
Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act,
Transfer of Property Act
|
| Sections |
2,
3,
41
|