| Case ID |
37af9e83-03db-4fe4-b736-c0ed23c38557 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.509 of 1984 |
| Decision Date |
Mar 04, 1989 |
| Hearing Date |
Mar 04, 1989 |
| Decision |
Leave to appeal has been sought by a defendant against the dismissal by the High Court of his Civil Revision. The case arose from a suit for declaration and perpetual injunction concerning a dispute over irrigation rights under the Canal and Drainage Act, 1873. The Supreme Court ruled that the possibility of respondents not utilizing extra irrigation time does not justify depriving them of their rights. The arguments presented by the petitioner's counsel were not sufficient to overturn the previous judgment. Consequently, the leave to appeal was refused. |
| Summary |
This case involves a dispute between parties over irrigation rights under the Canal and Drainage Act, 1873. The Supreme Court of Pakistan addressed the issue of whether the respondents could be denied extra irrigation time despite the possibility of them not utilizing it. The court emphasized that potential non-utilization does not warrant deprivation of rights. The ruling reinforces the legal framework surrounding irrigation rights and the rights of landowners. This case is significant for understanding the application of the Canal and Drainage Act in disputes over water resource management. Keywords: irrigation rights, Canal and Drainage Act, Supreme Court of Pakistan, legal dispute, water resource management. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL,
USMAN ALI SHAH
|
| Lawyers |
Sajjad Hussain,
S. Abdul Asim Jafri,
S.M. Masud,
S. Inayat Hussain
|
| Petitioners |
ABDUL KARIM
|
| Respondents |
MUHAMMAD RIAZ,
2 others
|
| Citations |
1989 SLD 1526,
1989 SCMR 1186
|
| Other Citations |
Not available
|
| Laws Involved |
Canal and Drainage Act (VIII of 1873)
|
| Sections |
32
|