| Case ID |
2c4aff88-b214-4089-af99-cb6981be065c |
| Body |
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| Case Number |
Writ Petition No.3913 of 2008 |
| Decision Date |
May 13, 2013 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the writ petition and set aside the impugned order dated 10-12-2007, restoring the previous order of the Executive District Officer (Revenue) dated 16-5-2006. The court found that the impugned order lacked reasoning and did not demonstrate the application of judicial mind. The case was remanded to the Member Judicial-I, Board of Revenue for a fresh decision, emphasizing the necessity of a speaking order that considers all legal and factual aspects of the case. This decision reinforced the principle that judicial orders must be well-reasoned to ensure fairness and transparency in the legal process. |
| Summary |
In this case, Mst. Rafique Bibi challenged the orders passed by the Member Judicial-I, Board of Revenue regarding inheritance mutations related to her deceased brother, Muhammad Shafi. The case involved the interpretation of inheritance laws as applied to land ownership in Pakistan. The High Court found that earlier orders failed to provide adequate reasoning and were not based on a thorough examination of the facts. The ruling highlighted the importance of judicial scrutiny in inheritance disputes, particularly in matters where legal heirs may be overlooked, ensuring that the rights of rightful heirs are protected. The decision to remand the case for a fresh ruling underscores the court's commitment to upholding legal standards and ensuring that all parties receive fair treatment under the law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD FARRUKH IRFAN KHAN, J
|
| Lawyers |
Muhammad Asghar Awan,
Ejaz Ahmed Chadhar,
Waqas Qadeer Dar, A.A.G.
|
| Petitioners |
Mst. RAFIQUE BIBI
|
| Respondents |
Muhammad Sharif,
MUHAMMAD ARSHAD,
Farzand Ali,
Mst. Asoo Bibi
|
| Citations |
2014 SLD 1118 = 2014 MLD 251
|
| Other Citations |
Muhammad Iqbal Chaudhry and another v. Secretary, Ministry of Industries and Production, Government of Pakistan and others PLD 2004 SC 413
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
199
|