| Case ID |
3d3a84da-fa8d-4f3c-a9b0-f681b95a9187 |
| Body |
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| Case Number |
C.R. No. 2006 of 2003 |
| Decision Date |
Jan 28, 2004 |
| Hearing Date |
Jan 28, 2004 |
| Decision |
The Lahore High Court upheld the Appellate Court's decision, which had accepted the appeal of the respondent, Hakam Bibi, and dismissed the suit of the petitioner, Iftikhar Ahmad. The Court found that the petitioner failed to prove the validity of the alleged gift made by his mother, who was an illiterate and elderly woman. The appellate judgment was considered to be in consonance with the evidence presented, and no irregularity or illegality was found in its decision. The petitioner could not establish the necessary elements of offer, acceptance, and delivery of possession required for a lawful gift, leading to the dismissal of the revision petition. |
| Summary |
In the case of Iftikhar Ahmad vs. Hakam Bibi, the Lahore High Court examined the validity of a gift allegedly made by an elderly and illiterate mother to her son. The Court emphasized the importance of proving the elements of a valid gift, including offer, acceptance, and possession transfer. The petitioner, who claimed the gift was made, failed to provide sufficient evidence to support his assertions. The Court held that the appellate judgment, which favored the respondent, was correct and consistent with the evidence. The decision underscored the protective measures in place for vulnerable individuals in legal transactions, particularly in matters involving familial fiduciary relationships. Keywords such as 'gift validity', 'civil procedure', 'appellate court decisions', and 'Muhammadan law' are relevant in this context, reflecting ongoing discussions in legal circles regarding the rights of elderly individuals and the standards required for establishing gifts in familial contexts. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Muzammal Khan, J.
|
| Lawyers |
Rana Muhammad Arshad Khan, Advocate,
Mr. Ghazanfar Ali Bhatti, Advocate
|
| Petitioners |
Iftikhar Ahmad
|
| Respondents |
Hakam Bibi
|
| Citations |
2004 SLD 3437,
2004 PLJ 918
|
| Other Citations |
AIR 1925 PC 204,
PLD 1977 Karachi 264,
PLD 1990 SC 661,
1984 SCMR 890,
1992 CLC 602,
1991 MLD 986,
PLJ 1996 Lahore 989,
PLD 1996 Karachi 202,
1998 CLC 1842,
1999 CLC 312
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Muhammadan Law
|
| Sections |
115
|