| Case ID |
2ea768c8-9ba7-4a9f-a7e3-070ba72f20dc |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.964 of 1998 |
| Decision Date |
Nov 15, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court accepted the appeal and set aside both impugned orders of the Lahore High Court, dated 21-5-1997 and 9-8-1993. The court found that the High Court had decided the issue of title in a summary manner without summoning the respondents or giving them an opportunity to defend themselves. It was determined that the actions taken by the High Court were extraordinary and lacked justification, leading to the conclusion that the Irrigation Department had been condemned unheard. This decision underscores the importance of fair hearing and due process in legal proceedings. |
| Summary |
In the case of Civil Appeal No.964 of 1998, the Supreme Court of Pakistan addressed a constitutional petition involving a dispute over land ownership. The petitioners, led by ABDUL MAJEED, claimed to be the rightful owners of land, while the respondents, including the Executive Engineer of the Irrigation Department, alleged illegal possession. The Lahore High Court had made a decision in a summary manner without allowing the respondents to present their defense, which the Supreme Court found to be a violation of due process. The case highlights key legal principles such as property rights, the importance of a fair hearing, and the procedural safeguards necessary in judicial proceedings. The ruling emphasizes that issues of title cannot be resolved without proper adjudication and that extraordinary measures taken by the courts must be justified. This case serves as a critical reference for future property disputes and constitutional petitions, reinforcing the need for judicial fairness and adherence to legal standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Irrigation Department,
Revenue Department,
local police
|
| Judges |
JAVED IQBAL,
KHALIL-UR-RAHMAN RAMDAY,
KARAMAT NAZIR BHANDARI
|
| Lawyers |
M. Zairian Bhatti
|
| Petitioners |
ABDUL MAJEED
|
| Respondents |
another,
EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, LAYYAH DIVISION
|
| Citations |
2006 SLD 2370,
2006 SCMR 907
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
199,
185(3)
|