| Case ID |
42079f50-6d56-4a3a-88e8-f0738692628a |
| Body |
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| Case Number |
Civil Petition No.834 of 1983 |
| Decision Date |
Aug 15, 1988 |
| Hearing Date |
Aug 15, 1988 |
| Decision |
The Supreme Court of Pakistan denied the leave to appeal concerning a declaratory suit filed by the petitioner challenging the validity of gifts made in favor of his son and grandson. The lower courts dismissed the petitioner's suit, appeal, and revision, finding no merit in the petitioner's claims. The Supreme Court, exercising its discretionary jurisdiction, upheld the decisions of the lower courts, concluding that even if there were technical or procedural defects, they would not grant leave to appeal due to the established facts that the gifts were legitimately made. |
| Summary |
In the case of Civil Petition No.834 of 1983, the Supreme Court of Pakistan deliberated on the petitioner's appeal against earlier court decisions regarding gifts made to his son and grandson. The core issue revolved around the merits of the gifts, which were contested in lower courts. The petitioner argued both on substantive merits and procedural grounds, but the courts consistently ruled against him, affirming that the gifts were validly made. The Supreme Court emphasized its reluctance to interfere with the factual determinations of the lower courts, highlighting the absence of compelling reasons for such interference. Thus, the Court refused to grant leave to appeal, marking a significant decision in the realm of family law and gift transactions under the Constitution of Pakistan. This case underscores the importance of procedural integrity and the courts' discretion in appellate matters, especially in familial disputes over asset transfers. Legal practitioners must take heed of the implications of this ruling, particularly in terms of ensuring that all procedural requirements are meticulously followed in similar cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL
|
| Lawyers |
Talib Haider Rizvi,
S. Ali Imam Naqvi
|
| Petitioners |
ALI HAIDER SHAH
|
| Respondents |
others,
MANZUR MEHDI
|
| Citations |
1989 SLD 1487,
1989 SCMR 1133
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
185(3)
|