| Case ID |
37127376-1c90-45e7-b908-df7c05b589f1 |
| Body |
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| Case Number |
Criminal Revision No. S-40 of 2010 |
| Decision Date |
Jan 10, 2011 |
| Hearing Date |
Jan 10, 2011 |
| Decision |
The Sindh High Court dismissed the criminal revision application filed by the applicants, Munawar Ali and others, against the orders of the 7th Additional Sessions Judge, Larkana. The court ruled that the applications for restoration of possession were premature since the charge had not been framed and evidence had not been recorded. The court emphasized that the applicants failed to demonstrate any incorrectness or illegality in the inferior court's orders. The court highlighted that the trial court exercised its discretion correctly based on the evidence presented and concluded that the matter was fixed for arguments, hence the revision application was not maintainable at this stage. |
| Summary |
In the case of Criminal Revision No. S-40 of 2010, the Sindh High Court addressed the issues surrounding the restoration of possession of land under the Illegal Dispossession Act, 2005. The applicants, Munawar Ali and others, sought to challenge the orders of the 7th Additional Sessions Judge, Larkana, which dismissed their applications for restoration of possession as premature. The High Court emphasized the importance of adhering to the procedural requirements outlined in the Criminal Procedure Code (V of 1898), specifically sections 435 and 439, which govern the revisional jurisdiction of the High Court. The court found that the applicants did not substantiate their claims that the lower court's orders were incorrect or lacked propriety. The ruling reinforced the necessity for applicants to present a compelling case when invoking the High Court's revisional powers. The decision underscores the court's commitment to upholding legal standards and ensuring that matters are resolved based on the merits of the evidence presented. Keywords such as 'criminal revision', 'possession restoration', 'Illegal Dispossession Act', and 'Sindh High Court' highlight the core aspects of this case. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Salman Hamid
|
| Lawyers |
Ghulam Ali A. Samtio,
Aftab Ahmed Gorar,
Ali Raza Pathan
|
| Petitioners |
,
MUNAWAR ALI
|
| Respondents |
,
ALI MUHAMMAD
|
| Citations |
2011 SLD 6695,
2011 PCRLJ 1751
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Illegal Dispossession Act, 2005
|
| Sections |
435,
439,
7
|