Legal Case Summary

Case Details
Case ID 42079f50-6d56-4a3a-88e8-f0738692628a
Body View case body.
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)