| Case ID |
17d6c038-a075-4503-a23c-4804811014e0 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.100/R of 198 |
| Decision Date |
Apr 03, 1984 |
| Hearing Date |
Apr 03, 1984 |
| Decision |
The Supreme Court dismissed the petitioners' application for leave to appeal against the judgments of the lower courts. The trial court had decreed the suit for possession by way of pre-emption in favor of the respondents, a decision upheld by the District Judge and the Lahore High Court. The petitioners' contentions regarding the lack of decision on all issues and the acceptance of evidence were found to be without merit. The court concluded that the petitioners had abandoned their pleas, and the respondents had sufficiently proven their superior right of pre-emption. Thus, the petition was dismissed. |
| Summary |
This case revolves around a civil petition for leave to appeal concerning a suit for pre-emption under the Constitution of Pakistan (1973). The petitioners, Noor Hussain and others, challenged the decisions of the Lahore High Court and the District Judge regarding the pre-emption claim by Muhammad Anwar and others. The Supreme Court scrutinized the procedural aspects and the merits of the appeal, ultimately finding that the petitioners failed to substantiate their claims and had effectively abandoned certain issues. This decision underscores the principles of pre-emption rights and the importance of procedural diligence in civil litigation. Keywords: Supreme Court of Pakistan, pre-emption, leave to appeal, civil litigation, constitutional law, legal rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFI UR RAHMAN,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Raja Muhammad Anwar, Senior Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record
|
| Petitioners |
5 others,
NOOR HUSSAIN
|
| Respondents |
2 others,
MUHAMMAD ANWAR
|
| Citations |
1984 SLD 995,
1984 SCMR 1506
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art.185(3)
|