| Case ID |
d7f19304-0165-49b1-907c-1dd5f766e044 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous Application No. S-259 and M |
| Decision Date |
Dec 24, 2009 |
| Hearing Date |
|
| Decision |
The court held that the order of the Trial Court did not suffer from any illegality. The application under section 561-A of the Criminal Procedure Code raised an important point regarding the Illegal Dispossession Act, 2005. The respondent claimed that he and others were unlawfully dispossessed by the applicants. The Trial Court found prima facie evidence against the accused under sections 3 and 4 of the 2005 Act, prompting notices for the accused to appear and furnish security. The counsel for the accused challenged the legality of the order, arguing that the mandatory provisions of the 2005 Act were not followed, particularly the need for a proper investigation by the concerned officer. The court determined that the provisions of section 5(1) of the 2005 Act were directory, not mandatory, and that the Trial Court's order was lawful. |
| Summary |
This case involves the application of the Illegal Dispossession Act, 2005, where the respondent alleged unlawful dispossession from property by the applicants. The Sindh High Court examined whether the mandatory procedures of the Act were adhered to by the Trial Court. The key legal provisions discussed included sections 3, 4, and 5 of the 2005 Act, as well as relevant sections of the Criminal Procedure Code. The court concluded that the Trial Court's actions were valid and the application was dismissed. This case highlights the procedural nuances of the Illegal Dispossession Act and the interpretation of mandatory vs. directory provisions in legal proceedings. Keywords include illegal dispossession, court procedures, Sindh High Court, and legal rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUNIB AKHTAR
|
| Lawyers |
Ghulam Shabbir Shar for Applicants,
Mukesh Kumar G. Karara for Respondent No. 1,
Zulfiqar Ali Jatoi, Dy. P.G. for the State
|
| Petitioners |
9 others,
GUL HASSAN
|
| Respondents |
ANOTHER,
ZAHOOR AHMED
|
| Citations |
2010 SLD 2851 = 2010 PCRLJ 1128
|
| Other Citations |
Zahoor Ahmed v. Abdul Aziz and others 2007 PCr.LJ 1881,
Rahim Tahir v. Ahmed Jan and others 2007 PCr.LJ 1920,
Rana Shafique Ahmed v. Additional Sessions Judge Lahore 2008 YLR 2259,
Bashir Ahmed v. Zafar-ul-Islam and others PLD 2004 SC 298
|
| Laws Involved |
Illegal Dispossession Act, 2005,
Criminal Procedure Code (V of 1898)
|
| Sections |
3,
4,
5,
9,
561-A,
202
|