| Case ID |
267d6846-dfef-4753-938d-4af2c980c32f |
| Body |
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| Case Number |
Criminal Revision Petition No. 971 of 1958 |
| Decision Date |
Jan 12, 1959 |
| Hearing Date |
Dec 15, 1958 |
| Decision |
The court held that the prosecution for filing false documents claiming a sum of money concerning alleged repairs to the machinery of an evacuee factory was valid under the Pakistan Penal Code rather than under Section 26 of the Ordinance. The objective of Section 26 was to supplement the Penal Code, not to replace it. The court dismissed the petitioners' objections regarding the jurisdiction and the nature of the property involved, establishing that the main issue was whether the repairs were genuinely carried out and whether the submitted claims were supported by valid documentation. |
| Summary |
In the case of MIAN MUHAMMAD RASHID AND OTHERS vs THE STATE, the Lahore High Court reviewed the prosecution's case against the petitioners for filing false claims related to repairs of an evacuee factory's machinery. The court analyzed the interplay between the Pakistan (Administration of Evacuee Property) Ordinance and the Pakistan Penal Code, concluding that the prosecution was valid under the Penal Code. This case highlights the legal framework governing evacuee property and the accountability measures in place for fraudulent claims. It affirms the importance of adhering to legal statutes when dealing with claims related to such properties, thereby ensuring justice and preventing misuse of the legal system. Key terms include 'evacuee property', 'forgery', 'cheating', and 'legal accountability'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ORTCHESON, JUSTICE
|
| Lawyers |
Sardar Muhammad Iqbal,
Abdul Sami Pal
|
| Petitioners |
MIAN MUHAMMAD RASHID AND OTHERS
|
| Respondents |
THE STATE
|
| Citations |
1959 SLD 31,
1959 PLD 221
|
| Other Citations |
Malik Muhammad Sharif v. The Crown (P L D 1954 Lah. 640),
Punjab Province v. Sita Ram (P L D 1956 F C 157),
Mohanlal Saksena v. Emperor (A I R 1930 Oudh 497)
|
| Laws Involved |
Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949),
Pakistan Penal Code
|
| Sections |
4,
26,
34,
465,
467,
468,
471,
420
|