| Case ID |
ea3c0162-7e45-487f-91d3-e91c7891b957 |
| Body |
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| Case Number |
Judicial Miscellaneous No. 18 of 2001 |
| Decision Date |
Jan 28, 2002 |
| Hearing Date |
|
| Decision |
The court ruled that the Nazir could not claim a fee solely for the attachment of property. According to the Sindh Chief Court Rules, if the Nazir was appointed as a Commissioner for the sale of property either in the suit or during execution, he would be entitled to a fee. However, no fee is permissible for the mere act of attachment. The order was issued to decline the Nazir's claim for a fee under the applicable rule, while also clarifying that this decision would not prevent the Nazir from claiming a fee if he was indeed appointed as a Commissioner for sale in a specific execution case. |
| Summary |
In the case of Judicial Miscellaneous No. 18 of 2001, the Sindh High Court addressed the issue of the Nazir's entitlement to fees under the Sindh Chief Court Rules. The decision highlighted that while a Nazir can claim fees when acting as a Commissioner for the sale of property, he cannot claim fees for merely attaching property. The ruling clarifies the limitations placed on the Nazir's claims and ensures adherence to procedural rules regarding fees. This case is significant for legal practitioners and Nazir's as it delineates the boundaries of fee claims within property attachment and sale processes. Keywords include Nazir's entitlement, fee claims in property law, Sindh High Court rulings, and procedural rules in legal practice. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
SHABBIR AHMED, J
|
| Lawyers |
Hassan Inamullah,
Saalim Salam Ansari
|
| Petitioners |
Dr. Malik MUHAMMAD ARSHAD KHAN
|
| Respondents |
,
Ch MUHAMMAD ASHRAF
|
| Citations |
2002 SLD 1893,
2002 CLC 906
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Chief Court Rules
|
| Sections |
R. 128(v)
|