| Case ID |
e10c8952-3695-45fa-bc93-f4e4bab90fc0 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 302 of 1993 |
| Decision Date |
Nov 27, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal filed by the Federal Land Commission against the Lahore High Court's judgment that allowed two writ petitions challenging the Commission's decision to declare certain land gift transactions void. The Court held that alienations of land through gift in favor of heirs were immune from scrutiny under the relevant regulation. The Court affirmed that the Deputy Land Commissioner correctly validated these transactions, aligning with established legal precedents. Therefore, the impugned judgment of the Lahore High Court was upheld, and leave to appeal was refused. |
| Summary |
In the case involving the Federal Land Commission, the Supreme Court of Pakistan addressed the validity of land alienations made through gifts by a declarant under the Land Reforms Regulation, 1972. The central issue revolved around whether these transactions, which involved gifting agricultural land to heirs, were subject to scrutiny. The Court emphasized that such alienations were indeed immune from scrutiny, as established in prior case law, specifically referencing Mst. Tayyub Khanam v. Chairman, Federal Land Commission. The Court's ruling reinforced the legal framework protecting family land transfers and clarified the Commission's role in validating these transactions. This decision is significant in the context of land reforms and property rights in Pakistan, ensuring that familial ties and inheritance rights are upheld in the face of bureaucratic challenges. Keywords such as 'land reforms', 'property rights', 'Supreme Court of Pakistan', and 'legal immunity' are crucial in understanding the implications of this case for future legal interpretations and land transactions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Land Commission,
Hayat Muhammad Khan
|
| Judges |
FAZAL ILAHI KHAN,
MANZOOR HUSSAIN SIAL
|
| Lawyers |
Not available
|
| Petitioners |
Federal Land Commission
|
| Respondents |
others,
Hayat Muhammad Khan
|
| Citations |
1994 SLD 737,
1994 SCMR 1112
|
| Other Citations |
1984 SCMR 1110
|
| Laws Involved |
Land Reforms Regulation, 1972,
Constitution of Pakistan (1973)
|
| Sections |
Paras. 7 & 29,
Art. 185 (3)
|