| Case ID |
428d607c-1f47-4137-bafe-61bef04f2002 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.154 of 1987 |
| Decision Date |
Jan 28, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal on the grounds that the High Court had previously observed that the order passed by the Deputy Settlement Commissioner was made without notice to the petitioners and thus was not binding upon them. However, during remand proceedings, the same order was relied upon and made binding on the petitioners, which raised a significant legal concern. The court acknowledged that the contention raised by the petitioners requires consideration, thereby granting leave to appeal. The court ordered that security in the sum of Rs. 5,000 be deposited and that status quo should be maintained. The appeal will be processed based on the current record, with permission for the parties to submit additional documents if they wish. |
| Summary |
This case revolves around the interpretation of legal procedures regarding notice and binding orders in the context of property settlement. The petitioners challenged the binding nature of an order that was made without their prior notice, emphasizing the importance of due process in legal proceedings. The Supreme Court's decision to grant leave to appeal underscores the significance of ensuring that all parties are adequately informed and that their rights are protected under the Constitution of Pakistan. This case highlights the balance between administrative decisions and judicial oversight, reinforcing the principles of fairness and justice in legal processes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKURUL SALAM,
RUSTAM S. SIDHWA
|
| Lawyers |
Not available
|
| Petitioners |
Syed HABIB-UR-REHMAN through his Legal Heirs,
Syed ABID ALI and others
|
| Respondents |
Not available
|
| Citations |
1991 SLD 1318,
1991 SCMR 1667
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|