| Case ID |
1f67f420-862b-4af7-a03e-bd265563b0cd |
| Body |
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| Case Number |
Civil Appeals Nos.423 and 444 of 1990 and Civil Mi |
| Decision Date |
Jan 14, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan disposed of the appeals and Civil Miscellaneous application as the matters were interconnected. The case involved the interpretation of the Punjab Pre-emption Ordinance, specifically section 36, regarding the legal standing of pre-emption suits filed during a specific timeframe. The court highlighted concerns over false affidavits and unscrupulous litigation aimed at unearned gains, emphasizing the need for vigilance against such practices. The court's decision indicated that further actions could be taken against litigants found to submit false claims, thereby reinforcing the integrity of judicial processes. |
| Summary |
This case revolves around the interpretation and application of the Punjab Pre-emption Ordinance, specifically section 36, which addresses the legal implications of pre-emption suits during a defined period. The Supreme Court's judgment underscores the importance of integrity in legal proceedings, warning against the submission of false affidavits and pleas by litigants motivated by greed. The court's ruling not only aims to uphold the law but also seeks to deter fraudulent practices in the judicial system. The decision is significant in establishing a precedent for future cases involving pre-emption laws and reinforces the necessity for ethical conduct among legal practitioners. By addressing the balance between legal rights and ethical considerations, this case contributes to the evolving jurisprudence surrounding property rights and Islamic injunctions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAHH, C.J,
ABDUL QADEER CHAUDHRY, J
|
| Lawyers |
M. Munir Peracha, Advocate Supreme Court,
Abdul Aziz Qureshi, Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
BASHIR AHMAD and others
|
| Respondents |
LAL KHAN and others
|
| Citations |
1991 SLD 493,
1991 PLD 376
|
| Other Citations |
Ghulam Qadir v. Nawab Din PLD 1988 SC 701,
Government of N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360,
Suo motu Shariat Review Petition No.1-R of 1989 PLD 1990 SC 865,
Sultan v. Habib Ahmad,
Mst. Aziz Begum v. Federation of Pakistan,
Muhammad Yasin v. Khan Muhammad PLD 1990 SC 8979 899 and 1060
|
| Laws Involved |
Punjab Pre-emption Ordinance
|
| Sections |
36
|