| Case ID |
5d7f57e1-2efd-401e-a0c7-867477aac380 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No.112- |
| Decision Date |
Nov 02, 1986 |
| Hearing Date |
Nov 02, 1986 |
| Decision |
The Supreme Court of Pakistan refused the petitioners' request for leave to appeal against the Lahore High Court's decision dismissing their second appeal for pre-emption rights. The court determined that the proceedings had become past and closed, rendering the petitioners ineligible for any benefits based on prior decisions. Furthermore, the court found that the provisions of the Punjab Pre-emption Act, which conferred rights of pre-emption on collaterals, did not violate fundamental rights under Article 23 of the Constitution. The petitioners failed to demonstrate that the restrictions imposed by law were unreasonable or not in the public interest. Thus, the court dismissed the petition, upholding the lower court's ruling. |
| Summary |
In the case of Sher Muhammad represented by his Legal Heirs and others vs. Samundar Khan represented by his Legal Heirs and others, the Supreme Court of Pakistan addressed significant issues concerning pre-emption rights under the Punjab Pre-emption Act, 1913, and Article 23 of the Constitution of Pakistan. The court reviewed the petitioners' claims for leave to appeal against a Lahore High Court ruling that dismissed their appeal regarding a decree for pre-emption. The petitioners argued that the High Court's decision was impacted by a prior case that established precedents against the validity of the Punjab Pre-emption Act's provisions regarding collateral rights. However, the Court found that the prior case had become moot and closed, thereby negating the petitioners' claims. The Supreme Court further clarified that the right of pre-emption conferred upon collaterals under the Punjab law did not infringe upon the fundamental rights of property ownership as stated in the Constitution. The petitioners were unable to substantiate their claims of unreasonableness in the restrictions imposed by the law. Ultimately, the Supreme Court upheld the decision of the Lahore High Court and dismissed the petitioners' appeal. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Afzal Zullah,
Mian Burhanuddin Khan
|
| Lawyers |
Muhammad Munir Peracha, Advocate Supreme Court,
Karam Elahi Bhatti, Advocate-on-Record
|
| Petitioners |
Sher Muhammad represented by his Legal Heirs and others
|
| Respondents |
Samundar Khan represented by his Legal Heirs and others
|
| Citations |
1987 SLD 1470,
1987 SCMR 108
|
| Other Citations |
P L D 1986 S C 360
|
| Laws Involved |
Constitution of Pakistan, 1973,
Punjab Pre-emption Act, 1913
|
| Sections |
185(3),
23,
15
|