| Case ID |
1b853842-7ade-49ef-98f1-2034c5d4e5ae |
| Body |
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| 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
|