| Case ID |
de9ad512-8460-4e91-a6b1-e42b39fb94b2 |
| Body |
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| Case Number |
C.P.L.A. No.3368-L of 2002 |
| Decision Date |
Aug 26, 2004 |
| Hearing Date |
Aug 26, 2004 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal against the Lahore High Court judgment, which had dismissed the suit of Muhammad Ramzan regarding an agreement to sell property in favor of Abdul Latif. The court noted that the lower courts did not adequately consider the agreement to sell dated 10-5-1972 due to the non-production of two marginal witnesses. The petitioners contended that the agreement was executed before the promulgation of Qanun-e-Shahadat, 1984, making it applicable for consideration. The court emphasized the need to address significant legal questions regarding the maintainability of the suit and the implications of the marginal witnesses' absence. The operation of the impugned judgment was suspended pending the appeal's decision. |
| Summary |
This case revolves around a legal dispute concerning an agreement to sell property, highlighting crucial aspects of evidence and witness requirements under the Qanun-e-Shahadat, 1984, and the Constitution of Pakistan. The Supreme Court's decision to grant leave to appeal underscores the importance of examining procedural fairness in property disputes. The case emphasizes the necessity of considering historical legal contexts when evaluating agreements executed prior to legislative changes. Legal professionals must navigate complex intersections of property law and evidentiary standards, making this case significant for future litigation involving similar issues. Keywords: property law, evidentiary standards, Supreme Court of Pakistan, Qanun-e-Shahadat, legal disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS,
MUHAMMAD NAWAZ ABBASI
|
| Lawyers |
Sheikh Naveed Shehryar,
M. Aslam Riaz
|
| Petitioners |
GHULAM MUSTAFA
|
| Respondents |
4 others,
ABDUL LATEEF
|
| Citations |
2006 SLD 2738,
2006 SCMR 1515
|
| Other Citations |
Not available
|
| Laws Involved |
Qanun-e-Shahadat,
Constitution of Pakistan
|
| Sections |
10 of 1984,
17(2)(a),
79,
1973, Art. 185(3)
|