| Case ID |
2c9a0873-cc36-4549-91ab-4c78356f8f7c |
| Body |
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| Case Number |
C.R. No. 16 of 2013 |
| Decision Date |
Sep 17, 2018 |
| Hearing Date |
Sep 03, 2018 |
| Decision |
The Quetta High Court remanded the case back to the trial court for a fair hearing, emphasizing the importance of due process and the right to be heard as enshrined in Article 10 of the Constitution of Pakistan. The court found that the lower courts had failed to provide a fair opportunity for the necessary parties to present their cases, leading to a misreading and misappreciation of the evidence. The judgment and decree of the lower courts were set aside, and the trial court was instructed to provide all parties a chance to defend their claims and to decide the matter afresh based on the merits of the case. The parties were directed to bear their own costs. |
| Summary |
In the case of C.R. No. 16 of 2013, the Quetta High Court addressed the legal principles surrounding due process and the right to a fair hearing as stipulated in Article 10 of the Constitution of Pakistan. The case involved a dispute over land ownership where the petitioner, representing the Lasbella Industrial Estate Development Authority (LIEDA), sought to challenge the transfer of land that had been fraudulently recorded in the name of the respondents. The court found that the lower courts had not provided all necessary parties a fair opportunity to present their evidence, resulting in judgments that were not sustainable. The court emphasized the importance of adhering to procedural fairness and remanded the case back to the trial court for a proper hearing. This ruling highlights the significance of the right to be heard in legal proceedings, ensuring that all parties have an opportunity to defend their claims. The decision also underscores the court's role in rectifying potential miscarriages of justice within the judicial system, reinforcing the integrity of legal proceedings. |
| Court |
Quetta High Court
|
| Entities Involved |
Industrial Development Bank of Pakistan,
Lasbella Industrial Estate Development Authority (LIEDA),
M/S Agro Management Services
|
| Judges |
ABDULLAH BALOCH, JUSTICE
|
| Lawyers |
Mr. Sarwar Khan Awan, Advocate,
Mr. M. Aslam Chishti, Advocate,
Pervez Tanoli, Advocate
|
| Petitioners |
MANAGING DIRECTOR
|
| Respondents |
4 OTHERS,
GUL HASSAN BHOOTANI
|
| Citations |
2019 SLD 2319,
2019 PLJ 58
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973,
Specific Relief Act, 1877
|
| Sections |
S.12(2),
O.XLI,R.31,
Art. 10,
S. 42
|