| Case ID |
22b6c63c-9e16-4d18-874b-34b9d357d76a |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 430 of 1986 |
| Decision Date |
Oct 22, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court refused the leave to appeal sought by the petitioners, who were heirs of Budha deceased. The court found that the petitioners failed to challenge the factual findings regarding the execution of the power of attorney that had been granted to the attorney, who subsequently alienated the property in dispute. The court highlighted that the attorney had the authority to refer the matter to arbitration, and the award made in favor of the respondents was deemed conclusive. The petitioners' arguments regarding the lack of authority in the power of attorney were not substantiated, leading to the dismissal of their appeal. |
| Summary |
This case revolves around a dispute concerning the execution of a power of attorney and subsequent arbitration proceedings. The petitioners, heirs of the deceased Budha, challenged the power of attorney that allowed the attorney to alienate property. The Supreme Court of Pakistan examined the validity of the power of attorney and the authority of the attorney to refer disputes to arbitration. The court emphasized the importance of factual findings and the necessity of raising legal arguments at the appropriate time. Ultimately, the court upheld the arbitration award in favor of the respondents, leading to the refusal of leave to appeal. This case illustrates critical aspects of contract law and arbitration in Pakistan, focusing on the authority granted through a power of attorney and the implications of arbitration awards. Keywords: power of attorney, arbitration proceedings, legal authority, Supreme Court of Pakistan, contract law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AJZAL ZULLAH,
SAAD SAOOD,
JAN
|
| Lawyers |
Zaki-ud-Din Pal, Senior Advocate Supreme Court,
Sh. Abdul Sattar Zahid, Advocate Supreme Court,
S. Abid Nawaz, Advocate-on-Record for Petitioners,
Ch. Riasat Ali, Advocate Supreme Court,
M.A. Qureshi, Advocate-on-Record for Respondent No. 1
|
| Petitioners |
3 others,
MERAJ DIN
|
| Respondents |
2 others,
Haji MUHAMMAD SIDDIQUE KHAN
|
| Citations |
1990 SLD 912,
1990 SCMR 1038
|
| Other Citations |
Not available
|
| Laws Involved |
Contract Act (IX of 1872),
Arbitration Act (X of 1940),
Constitution of Pakistan (1973)
|
| Sections |
186,
187,
17,
30,
185(3)
|