| Case ID |
307669a1-e7f1-40b1-8d86-77321ed38e72 |
| Body |
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| Case Number |
Civil Appeal No. 5 of 1962 |
| Decision Date |
Apr 08, 1965 |
| Hearing Date |
Apr 08, 1965 |
| Decision |
The Supreme Court of Pakistan allowed the appeal and remanded the case back to the trial court for determination of new pleas allowed by the Supreme Court to be raised. The Court emphasized the need to apply the law irrespective of whether a party engaged counsel. The decision highlighted that questions of law can be raised at any stage of the proceedings, and the court must ensure justice is served regardless of procedural missteps by the parties involved. The ruling also addressed the complexities surrounding contracts involving minors and the importance of a guardian's role in such agreements. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed critical issues regarding the validity of agreements for the sale of land under the Kabul River Project Act and the implications of the Civil Procedure Code. The Court examined the nature of contracts, specifically the essence of time in agreements for sale and the necessity of government sanctions. The case involved minors and raised questions about guardianship and the legal standing of agreements made on their behalf. The decision reiterated the principle that pure questions of law can be introduced at any stage, underscoring the judiciary's responsibility to ensure that justice is not hindered by procedural shortcomings. This case serves as a significant reference point for future disputes involving contract law, minors, and the procedural aspects of civil litigation, making it a vital resource for legal practitioners and scholars alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. Cornelius, C.J.,
S. A. Rahman,
Fazle-Akbar,
B. Z. Kaikaus,
Hamoodur Rahman, JJ
|
| Lawyers |
Mian Mahmud Ali Qasuri,
Raja Said Akbar,
M. Siddiq,
Karam Elahi Chauhan,
Shaukat All Khawaja,
Muhammad Nazar Khan
|
| Petitioners |
Others,
Haji Abdullah Khan
|
| Respondents |
Others,
Nisar Muhammad Khan
|
| Citations |
1965 SLD 15,
1965 PLD 690
|
| Other Citations |
Imam Bandi v. Mutsaddi 451 A 73
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Kabul River Project (Control and Prevention of Speculation in Land) Act, 1948,
Constitution of Pakistan (1956)
|
| Sections |
96,
4,
158(1)(c)
|