Legal Case Summary

Case Details
Case ID 1b853842-7ade-49ef-98f1-2034c5d4e5ae
Body View case body.
Case Number Criminal Miscellaneous Application No. 98 of 2018
Decision Date May 22, 2019
Hearing Date
Decision The High Court ruled that the application was dismissed, affirming that a person possessing a vehicle under a superdari order cannot legally sell it, as such possession does not confer ownership. The court stated that the entitlement to the vehicle prima facie lies with the Bank, which is the rightful owner according to the title documents and decrees from the Banking Court. The court emphasized that the property should be handed over to the Bank, as keeping it with the Nazir would diminish its value. The decision clarified that this order would not impede the applicant's claims pending in the civil court.
Summary This case revolves around the legal complexities of superdari possession and ownership rights concerning a vehicle. The applicant, who claimed to have purchased the vehicle from a person possessing it under superdari, faced legal challenges from the Bank, the rightful owner. The court underscored the principle that possession under superdari does not equate to ownership, emphasizing the importance of adhering to legal protocols surrounding such transactions. The decision to dismiss the application reinforces the need for clarity in legal titles and the implications of superdari possession in criminal proceedings. This ruling is significant for stakeholders in vehicle ownership disputes, highlighting the intersection of criminal and civil law. Keywords such as 'superdari', 'vehicle ownership', 'legal possession', and 'Sindh High Court' are vital for understanding the legal landscape in similar cases.
Court Sindh High Court
Entities Involved Dubai Islamic Bank Ltd.
Judges SALAHUDDIN PANHWAR, JUSTICE
Lawyers Fayyaz Ahmed, Javed Haleem, Faheem Hussain Panhwar, DPG
Petitioners MANZOOR HUSSAIN
Respondents THE STATE, Dubai Islamic Bank Ltd.
Citations 2020 SLD 1120, 2020 PCRLJ 848
Other Citations Not available
Laws Involved Criminal Procedure Code (V of 1898)
Sections 516-A