| Case ID |
31d09bbc-9fc2-4abb-baed-14df8b99d8cc |
| Body |
View case body. Login to View |
| Case Number |
Civil Petitions Nos. 238 and 239 of 1980 |
| Decision Date |
Aug 01, 1983 |
| Hearing Date |
Aug 01, 1983 |
| Decision |
The Supreme Court of Pakistan addressed the significant legal question regarding whether an award made out of court during the pendency of litigation could be recognized as an agreement or compromise for the adjustment of the suit, even in the absence of consent from all parties involved. The Court noted the conflicting views among various Indian courts and acknowledged the necessity for a clear authoritative pronouncement on this issue. Ultimately, the court granted leave to appeal in both petitions, which allows for a deeper examination of this legal nuance. The decision emphasized the importance of mutual consent in arbitration matters and set a precedent for future cases dealing with awards made outside of court proceedings. |
| Summary |
In the landmark case of Mst. Hashmat Bibi v. Muhammad Rafiq, the Supreme Court of Pakistan deliberated on the legal implications of awards made out of court during ongoing litigation. The case revolved around the interpretation of Civil Procedure Code provisions and the Constitution of Pakistan regarding arbitration and consent. The Court's decision underscores the critical role of mutual agreement in recognizing out-of-court settlements, providing clarity on how such awards are treated under the law. This ruling is pivotal for legal practitioners, advocates, and judges, as it establishes a key precedent for the enforcement of arbitration agreements in Pakistan. Legal experts and scholars will find this case particularly relevant in discussions surrounding civil procedure and arbitration law, as it touches on vital issues of consent and compromise in legal disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
M. S. H. QURAISHI
|
| Lawyers |
Raja Mahmood Akhtar, Advocate Supreme Court,
Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioner,
Ch. Muhammad Ashraf, Senior Advocate Supreme Court,
S. Wajid Hussain, Advocate-on-Record for Respondents
|
| Petitioners |
Mst. HASHMAT BIBI
|
| Respondents |
others,
MUHAMMAD RAFIQ
|
| Citations |
1984 SLD 550,
1984 SCMR 524
|
| Other Citations |
Subharaju v. Venkatramaraju A I R 1928 Mad. 1025,
Arumuga v. Balasubramania A I R 1945 Mad. 294,
Salima Bibi v. Muhammad Ibrahim A I R 1962 Andh. Pra. 123,
Rameshwar Lal v. Mangi Lal A I R 1964 Pat. 374,
Hari Prashad v. Mst. Soogni Devi A I R 1921 Lah. 232,
Moradhwaj v. Bhudar Das A I R 1955 All. 353,
Asmatennessa Bibi v. Arju P L D 1967 Dacca 603,
Muhammad Saleem v. Muhammad Akram P L D 1971 S C 516
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185(3),
O. XXIII, r. 3
|