| Case ID |
218222b8-da13-4871-a88f-13ba0e3449dc |
| Body |
View case body. Login to View |
| Case Number |
First Appeal from Order No.149 of 1999 |
| Decision Date |
Oct 21, 2002 |
| Hearing Date |
Oct 21, 2002 |
| Decision |
The Lahore High Court allowed the appeal and set aside the Banking Court's order dismissing the objection petition. The court emphasized that the Banking Court failed to adequately consider the evidence presented regarding the oral gift of property by the judgment-debtor to the objector. The court reiterated that under Islamic Law, a valid gift can be made without a registered deed if the necessary conditions are met. The case was remanded to the Banking Court for a fresh decision, ensuring that both parties would have the opportunity to present evidence. |
| Summary |
This case revolves around the objection petition filed by Iffat Sultana Malik regarding the attachment of a property during execution proceedings. The Lahore High Court found that the Banking Court dismissed her petition solely on the lack of a registered gift deed, failing to recognize that under Islamic Law, a valid gift can be established through an offer, acceptance, and possession without formal registration. The court underscored the need for a thorough examination of the presented evidence. The decision asserts the principles of Islamic Law regarding gifts and the importance of judicial inquiry in such matters, ensuring fair legal representation and adherence to proper legal standards. |
| Court |
Lahore High Court
|
| Entities Involved |
Trust Modaraba,
Banking Court,
Mian Muhammad Rafiq Sehgal
|
| Judges |
MIAN HAMID FAROOQ,
PARVEZ AHMAD
|
| Lawyers |
Muhammad Akram Raja,
Naseem Mahmood,
Hamid Ali Shah
|
| Petitioners |
Mian MUHAMMAD RAFIQ SAIGOL
|
| Respondents |
TRUST MODARBA through Trust Management Services (Pvt.) Ltd.
|
| Citations |
2003 SLD 774 = 2003 CLD 646
|
| Other Citations |
Mst. Syrraya Begum v. Muslim Commercial Bank Ltd. and 4 others PLD 1990 Lah. 4,
Abdul Sattar Dadabhoy and another v. The Honorary Secretary, Pakistan Employees Cooperative Housing Society, Karachi PLD 1998 Kar. 291,
Mst. Hamida Bibi v. Wali Muhammad 1999 MLD 1687,
Mst. Umar Bibi and 3 others v. Bashir Ahmad and 3 others 1977 SCMR 154
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Islamic Law,
Transfer of Property Act (IV of 1882)
|
| Sections |
R-58,
O.XXI,
Ss. 123 & 129
|