| Case ID |
e2e100c0-bcb6-435c-9b2a-2f02403235c8 |
| Body |
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| Case Number |
Civil Appeal No.433-K of 1990 |
| Decision Date |
Jan 25, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal on the grounds that the conviction of the petitioner under the Prevention of Corruption Act was not without jurisdiction. The Court found that sufficient evidence existed to affirm the conviction despite the petitioner's claims of a lack of jurisdiction. The Court emphasized that merely claiming to be a trustee executant was insufficient to prove representation without an inquiry. The decision referenced established legal standards for the registration process and upheld the High Court's judgment. |
| Summary |
In the landmark case of Civil Appeal No.433-K of 1990, decided on 25th January 1993, the Supreme Court of Pakistan dealt with significant issues regarding the interpretation of the Registration Act and the Prevention of Corruption Act. The case revolved around the conviction of Syed Mukhtar Ali Shah under the Prevention of Corruption Act, where the petitioner challenged the jurisdiction of the Summary Military Court. The Supreme Court ruled that the conviction was valid as the necessary legal standards were met, highlighting the importance of proper inquiry in cases of document registration. This ruling has implications for legal practitioners and advocates dealing with similar cases, reinforcing the need for due diligence and thorough legal representation in matters of trust and registration. The decision also reiterated that claims of mala fide or lack of jurisdiction must be substantiated with solid evidence, setting a precedent for future cases. Keywords: Registration Act, Prevention of Corruption, legal representation, jurisdiction, due diligence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
FEDERATION OF PAKISTAN,
Syed MUKHTAR ALI SHAH
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
ABDUL QADEER CHAUDHRY,
SALEEM AKHTAR, JJ
|
| Lawyers |
|
| Petitioners |
Syed MUKHTAR ALI SHAH
|
| Respondents |
FEDERATION OF PAKISTAN and others
|
| Citations |
1993 SLD 646,
1993 SCMR 845
|
| Other Citations |
PLD 1989 SC 26
|
| Laws Involved |
Registration Act (XV of 1908),
Prevention of Corruption Act (II of 1947),
Martial Law Order (C.M.LA.'s) No.72
|
| Sections |
33,
5(2)
|