| Case ID |
2bb209ed-7e7b-468a-9109-14f66823e84f |
| Body |
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| Case Number |
Civil Petition No.236-L of 2001 |
| Decision Date |
Jul 02, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court concluded that the plea of estoppel raised by the Petitioner, REHMAT ALI, was not valid in the context of the evidence presented. The Court held that the Respondent was not estopped from filing the suit for pre-emption. The findings of the lower courts were upheld, affirming that there was no misreading or non-reading of any material evidence. Hence, the petition was dismissed and leave was refused. |
| Summary |
In the case of Civil Petition No.236-L of 2001, the Supreme Court of Pakistan addressed a dispute concerning the Punjab Pre-emption Act. The main issue revolved around the plea of estoppel raised by the Petitioner, REHMAT ALI, against the Respondent, MUHAMMAD SAIF ULLAH. The Court examined the evidence presented and determined that the Petitioner was not able to substantiate the claim of estoppel as the necessary witnesses were not examined. The judgment emphasized the importance of proper evidence in establishing legal claims, particularly in pre-emption cases. The decision of the lower courts was upheld, with the Court stating that the findings did not suffer from any misreading of evidence. This case contributes to the evolving jurisprudence on pre-emption and the significance of witness testimony in legal proceedings. Keywords such as 'Punjab Pre-emption Act', 'estoppel', 'Supreme Court of Pakistan', and 'legal evidence' are critical in understanding the context and implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH,
MIAN MUHAMMAD AJMAL
|
| Lawyers |
C. M. Latif Awan,
Tanvir Ahmed
|
| Petitioners |
REHMAT ALI
|
| Respondents |
MUHAMMAD SAIF ULLAH
|
| Citations |
2003 SLD 734,
2003 SCMR 1838
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
15,
114
|