| Case ID |
4639bcf8-1030-4606-b937-f5fb542a9d75 |
| Body |
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| Case Number |
C.R. No. 32758 of 2019 |
| Decision Date |
Sep 22, 2021 |
| Hearing Date |
Sep 22, 2021 |
| Decision |
The Lahore High Court allowed the revision petition, setting aside the appellate judgment and decree dated April 3, 2018. The court found that the lower courts failed to discuss the evidence adequately and did not provide a reasoned judgment, which is a requirement under law. The case was sent back to the appellate court to decide afresh, ensuring all parties have the opportunity to present their arguments and that a well-reasoned judgment is provided. The petitioners had contested the previous judgments, asserting the need for a speaking judgment considering their defense, which was overlooked. The court emphasized the importance of providing adequate reasons for decisions to uphold legal standards and ensure justice. |
| Summary |
This case revolves around a dispute between the Lahore Development Authority (LDA) and Ikramulhaq Qureshi regarding property rights and the legality of demolition actions taken by LDA. The case highlights critical legal principles under the Specific Relief Act, particularly concerning the right to a fair hearing and the necessity of reasoned judgments. The Lahore High Court's decision underscores the importance of judicial scrutiny and the obligation of courts to engage with the evidence presented. The case addresses the procedural justice aspect, emphasizing that courts must not only rule on matters but also articulate their reasoning to maintain the integrity of the legal process. The revision petition was allowed due to the failure of the lower courts to adequately consider the evidence and provide a reasoned judgment, which is essential in legal proceedings. This case serves as a reminder of the legal standards required for judgments, particularly in matters involving property rights and administrative actions. |
| Court |
Lahore High Court
|
| Entities Involved |
LAHORE DEVELOPMENT AUTHORITY (LDA),
IKRAMULHAQ QURESHI
|
| Judges |
MUHAMMAD SAJID MEHMOOD SETHI, J.
|
| Lawyers |
Sahibzada Muzaffar Ali, Advocate/Legal Advisor for Petitioners,
M/s. Rana Intezar and Arslan Yousaf, Advocates for Respondent
|
| Petitioners |
LAHORE DEVELOPMENT AUTHORITY (LDA) through D.G.
|
| Respondents |
IKRAMULHAQ QURESHI
|
| Citations |
2022 SLD 1580,
2022 PLJ 433
|
| Other Citations |
2007 MLD 1732,
2007 YLR 2220,
2015 CLC 603,
Mst. Sabahat Idrees and another v. Mst. Clare Benedicta Conville and 4 others (2007 MLD 1732),
Akhtar Hussain v. Muhammad Aslam (2007 YLR 2220),
Gul Zaman v. Muhammad Usman and 7 others (2015 CLC 603),
(Lt.-Col.Retd.) Ashfaq Ahmed v. Altaf Ahmed Gujjar and 6 others (2017 YLR Note 435),
Khalid Mehmood v. Naseem Akhtar and others (2019 MLD 820)
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
54,
55,
155
|