| Case ID |
d73935ee-a2ae-4504-91b2-58c274fb168c |
| Body |
View case body. Login to View |
| Case Number |
Criminal Petitions Nos.194 and 195/L of 2007 |
| Decision Date |
Sep 05, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the findings of the Lahore High Court, which had set aside the orders of the Special Magistrate and the Additional Sessions Judge. The Court emphasized that concurrent findings of fact should not be disturbed unless shown to be against evidence or patently improbable. The Court reiterated the burden lies on the petitioners to prove that the findings of the High Court are not sustainable. The Court also noted the importance of direct evidence in matters of possession and maintained that the decision of the High Court was based on a thorough re-examination of the evidence presented. |
| Summary |
In this case, the Supreme Court of Pakistan dealt with two criminal petitions concerning the possession of immovable property. The Court evaluated the principles of evidence appraisal and the responsibilities of the Magistrate under the Criminal Procedure Code. The Court emphasized the weight of concurrent findings of fact and the necessity for direct evidence in possession disputes. The decision highlighted the legal standards for interfering with lower court findings and reaffirmed the importance of proper legal procedures in such matters. This case serves as a significant reference for property disputes and evidentiary standards in Pakistan's legal landscape, particularly under the Constitution of Pakistan and the Criminal Procedure Code. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FALAK SHER,
CH. IJAZ AHMED
|
| Lawyers |
Muhammad Akhtar Rana Advocate Supreme Court
|
| Petitioners |
others,
ABDUL KHALIQ
|
| Respondents |
others,
MUHAMMAD SHAFIQUE
|
| Citations |
2007 SLD 1535,
2007 SCMR 1953
|
| Other Citations |
PLD 1964 Lah. 9,
1968 PCr.LJ 599,
AIR 1947 Pat. 175,
PLD 1968 Pesh. 214,
1969 PCr.LJ 784,
PLD 1973 SC 469,
PLD 1973 SC 236,
PLD 2003 SC 578,
AIR 1946 Pat. 330,
AIR 1921 Pat. 176
|
| Laws Involved |
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898)
|
| Sections |
185(3),
145
|