| Case ID |
26745c03-aff0-4cb5-8da9-a57d2fcce849 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 719 of 2006 |
| Decision Date |
Aug 04, 2010 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the deceased, Imam Bakhsh, was Sunni by faith and that his property should be distributed according to Hanafi law among his legal heirs. The court found that the evidence presented by the respondents claiming Imam Bakhsh was Shia was insufficient and that the will and affidavit produced were not credible. The court emphasized that the determination of faith relies on surrounding circumstances, lifestyle, and family faith rather than mere assertions from parties. The appeal was allowed, overturning the Lahore High Court's judgment and restoring that of the Lower Appellate Court. |
| Summary |
In the case of Civil Appeal No. 719 of 2006, the Supreme Court of Pakistan addressed the contentious issue of the sectarian identity of the deceased, Imam Bakhsh. The court analyzed evidence regarding his faith, which ultimately concluded that he was Sunni. The court emphasized that the determination of a person's sect is complex and cannot solely rely on the opinions of the parties involved. The ruling highlighted the importance of credible evidence, particularly concerning the will and affidavit presented by the respondents, which were deemed unreliable. This case underscores the necessity for clear and credible evidence in inheritance disputes, especially when sectarian identity is at stake. By affirming the distribution of Imam Bakhsh's estate according to Hanafi law, the Supreme Court reinforced established legal principles while addressing the intricate dynamics of personal faith in legal proceedings. This ruling has significant implications for similar cases in Pakistan, where sectarian affiliations can influence inheritance rights and property distribution. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
MUHAMMAD SAIR ALI,
TARIQ PARVEZ KHAN
|
| Lawyers |
Ch. Khurshid Ahmed, Advocate Supreme Court for Appellants,
Mian Allah Nawaz, Senior Advocate Supreme Court for Respondents Nos. 5, 6, 8 and 9,
Tariq Mehmood, Senior Advocate Supreme Court for Respondents Nos. 5, 6, 8 and 9
|
| Petitioners |
MUHAMMAD BASHIR and others
|
| Respondents |
Mst. LATIFA BIBI through LRs
|
| Citations |
2010 SLD 2603,
2010 SCMR 1915
|
| Other Citations |
Mst. Sardar Bibi v. Muhammad Bakhsh and others PLD 1954 Lah. 480,
Pathana v. Mst. Wasai and another PLD 1965 SC 134,
Zohran Mai v. Siftan 1983 CLC 2559,
Amir Ali v. Gul Shaker PLD 1985 Kar. 365,
Mst. Iqbal Begum v. Mst. Syed Begum AIR 1933 Lah. 80,
Hayat-un-Nisa v. Muhammad Ali Khan ILR 122 All 390,
Monies Law of Evidence 1969 Edn. P. 494,
Halsbury's Law of England, III Ed., Vol. 15; para.801,
C.B. Fields's Law of Evidence Vol. 5 11th Ed.para.10 p.47'73,
Mst. Nazeer Begum v. Abdul Sattar (PLD 1963 Kar. 465),
Qasim and others v. The State PLD 1967 Kar. 233,
Syed Iqbal Hussian v. Mst. Sarwari Begum PLD 1967 Lah. 1138,
Muhammad Mujibur Rehman Siddiqi v. Abdul Bari and 3 others PLD 1981 Kar. 537,
Muhammad Yasin v. Shabbir Ahmed 1985 CLC 2111,
Fida Hussain v. Mst. Anwari Khatoon 1985 MLD 110,
Muhammad Ibrahim v. Haji Raza Hussain 1987 MLD 515,
Karimuddin Shad v. Mst. Fatima Mian Ahmed 1989 CLC 545,
Qamruddin through his legal heirs v. Hakim Mehmood Khan 1988 SCMR 819,
AEG Carapiet v. A.Y. Darderian AIR 1961 Cal. 359,
Tradets Syndicate v. Union of India AIR 1983 Cal. 337,
Nur Jehan Begum v. Mujtaba Ali Naqvi 1991 SCMR 2300
|
| Laws Involved |
Specific Relief Act (I of 1877),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
17,
79
|