| Case ID |
20bda8a5-d88e-4e54-98a5-051e6080a5fa |
| Body |
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| Case Number |
Civil Appeal No. 255 of 1988 |
| Decision Date |
Jan 07, 1992 |
| Hearing Date |
Aug 25, 1991 |
| Decision |
The Supreme Court of Pakistan dismissed Civil Appeal No. 255 of 1988, affirming the High Court's ruling that the respondent did not waive his right of pre-emption. The Court found that mere presence at the sale transaction did not equate to active participation, and the respondent's actions did not demonstrate an intention to relinquish his rights. The High Court's analysis was deemed correct, and the verdict of the lower courts was overturned due to misreading of evidence. The decision emphasized that waiver must be proven with clear evidence, which was lacking in this case. |
| Summary |
In the landmark case of Civil Appeal No. 255 of 1988, the Supreme Court of Pakistan addressed the crucial issue of pre-emption rights and waiver. The case revolved around whether the respondent, Muhammad Abdullah, had waived his right to pre-empt a sale involving his father, JAM PARI. The Supreme Court, led by Chief Justice Muhammad Afzal Zullah, analyzed the evidence presented by both parties and concluded that the High Court had correctly interpreted the facts. The Court highlighted that mere presence during the sale does not imply participation or waiver of the right to pre-emption. The judgment reinforced the principle that relinquishment of rights must be substantiated by clear and convincing evidence, a standard that was not met in this instance. This case serves as a critical reference point for future disputes involving pre-emption rights, emphasizing the need for rigorous examination of evidence to prevent unjust outcomes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, CJ,
ABDUL SHAKURUL SALAM,
MUHAMMAD AFZAL LONE
|
| Lawyers |
Mr. Muhammad Ismail Qureshi, Senior Advocate, Supreme Court,
Syed Abul Aasim Jafri, AOR for Appellant,
Kh. Mushiaq Ahmad, AOR for Respondent
|
| Petitioners |
JAM PARI
|
| Respondents |
MUHAMMAD ABDULLAH
|
| Citations |
1992 SLD 2212,
1992 PLJ 232
|
| Other Citations |
7 P.R. 1912 rel. PLJ 1985 SC 12,
PLJ 1990 SC 21,
PLJ 1984 SC 366,
AIR 1937 Lahore 504
|
| Laws Involved |
Not available
|
| Sections |
Not available
|