| Case ID |
16d85a90-3842-4394-9674-1af40b5bcd97 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.219-P of 199 |
| Decision Date |
Jun 05, 1997 |
| Hearing Date |
Jun 05, 1997 |
| Decision |
The Supreme Court upheld the decision of the High Court that ruled the general power of attorney executed by Pir Muhammad was misused by his son Faqir Muhammad. The Court emphasized that an attorney must act in the best interest of the principal and not for personal gain. The ruling reiterated that if the attorney wishes to benefit personally from a transaction, they must obtain the principal's consent, failing which the principal can repudiate the transaction. In this case, the gift of land made by Faqir Muhammad to his sons was deemed fraudulent as it violated the essential obligations of an attorney under the Contract Act. The Court dismissed the petition, reinforcing the legal principles surrounding the authority of an attorney in property transactions. |
| Summary |
In the landmark case of Haji Faqir Muhammad vs Pir Muhammad, the Supreme Court of Pakistan addressed critical issues regarding the authority of an attorney under the Contract Act (IX of 1872). The case revolved around the misuse of a general power of attorney, where Faqir Muhammad, acting on behalf of his father Pir Muhammad, attempted to gift property to his minor sons without proper consent. The Supreme Court ruled that attorneys must prioritize the interests of their principals and obtain consent for any transactions that may benefit themselves. This case serves as a significant precedent in property law and the fiduciary duties of attorneys, emphasizing the need for transparency and consent in legal transactions. Key legal principles established include the necessity for attorneys to act within the bounds of their authority and the consequences of failing to do so. This ruling has important implications for future cases involving powers of attorney and property transactions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Fazal Ilahi Khan,
Muhammad Bashir Khan Jehangira
|
| Lawyers |
Haji Muhammad Zahir Shah,
Syed Safdar Hussain,
Abdul Samad Khan
|
| Petitioners |
Haji Faqir Muhammad
|
| Respondents |
Pir Muhammad
|
| Citations |
1997 SLD 911,
1997 SCMR 1811
|
| Other Citations |
Fida Muhammad v. Muhammad Khan PLD 1985 SC 341,
Fida Muhammad v. Pir Muhammad Khan through Legal Heirs and others PLD 1985 SC 341,
Shumal Begum v. Gulzar Begum and 3 others 1994 SCMR 818
|
| Laws Involved |
Contract Act (IX of 1872)
|
| Sections |
188,
214
|