| Case ID |
163a424e-f74a-4b76-b3c2-7aed79b2eb8a |
| Body |
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| Case Number |
Civil Petition No. 777 of 2000 |
| Decision Date |
Nov 01, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal in the matter concerning the interpretation of the Oaths Act and the Qanun-e-Shahadat. The petitioner contended that the Trial Court failed to consider his application to withdraw the acceptance of an offer for a decision based on the statement of the respondents' father, Muhammad Latif. The petitioner argued that the Trial Court should have examined the reasons for his withdrawal before administering the oath. The Court recognized the public importance of the case and the necessity of applying the Rule of Caution in similar situations. The appeal was granted, highlighting the need for careful consideration of such applications in future cases. |
| Summary |
This case revolves around the interpretation of the Oaths Act and the Qanun-e-Shahadat in the context of a civil suit regarding possession of property. The petitioner, Muhammad Idrees, contested a decree in favor of respondents Tajammal Hussain and others, which was based on the statement of oath from the respondents' father, Muhammad Latif. The core issue arose when the petitioner attempted to withdraw his acceptance of the oath before it was recorded, citing concerns about the influence on Latif's statement. The Supreme Court's decision to grant leave to appeal emphasizes the importance of the Rule of Caution in legal proceedings and the necessity for courts to consider all applications thoroughly before making decisions. This case is significant for its implications on the administration of oaths in civil litigation, ensuring that parties are afforded due process and that the integrity of witness statements is upheld. Keywords: Oaths Act, Qanun-e-Shahadat, civil procedure, Supreme Court of Pakistan, legal proceedings, due process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
ABDUL HAMEED DOGAR
|
| Lawyers |
Ch. Mushtaq Ahmed Khan,
M.S. Khattak,
M. Anwar Bhinder,
Ch. Mehdi Khan Mehtab
|
| Petitioners |
MUHAMMAD IDREES
|
| Respondents |
others,
TAJAMMAL HUSSAIN
|
| Citations |
2002 SLD 2453,
2002 PLD 261
|
| Other Citations |
PLD 1970 SC 241,
PLD 1970 SC 331,
1974 SCMR 224,
1981 SCMR 162,
PLD 1990 SC 841,
1995 SCMR 795,
PLD 1990 SC 237,
PLD 1997 SC 823
|
| Laws Involved |
Oaths Act (X of 1873),
Qanun-e-Shahadat (10 of 1984),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
9,
10,
12,
163,
XXIII, R. 3,
185(3)
|