| Case ID |
1a965f1f-4b20-417d-9c1d-0c139d6ca2ea |
| Body |
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| Case Number |
Petition for Special Leave to Appeal No. 23-P of 1 |
| Decision Date |
Dec 05, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by Abdur Razzaq against the order of the Peshawar High Court, which had set aside the Magistrate's decision regarding possession of disputed land. The High Court found that the Magistrate's order was illegal as it failed to establish who was in possession on the relevant date. The evidence showed that the respondent, Bahadur Khan, was the lessee and in possession of the property, and the proceedings initiated under section 145 occurred before the relevant Girdawari. Hence, the petition lacked substance. |
| Summary |
This case revolves around the interpretation of section 145 of the Criminal Procedure Code, concerning possession disputes. The key issue was whether the Magistrate had the authority to order restoration of possession without determining who held possession on the relevant date. The Supreme Court upheld the High Court's ruling that the Magistrate's order was illegal, emphasizing the necessity for clear evidence of possession. The case highlights the procedural safeguards in possession disputes and the importance of adhering to legal standards in such matters. Keywords include 'Criminal Procedure Code', 'possession disputes', 'Supreme Court of Pakistan', and 'legal remedy'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
WAHEEDUDDIN AHMAD,
SALAIIUDDIN AHMED
|
| Lawyers |
Muhammad Shaft,
ht. Qasim Imam
|
| Petitioners |
Abdur Razzaq
|
| Respondents |
Others,
Bahadur Khan
|
| Citations |
1974 SLD 183,
1974 SCMR 330
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
145
|