| Case ID |
ed6c5e63-d30e-4c3b-9fe0-2ef4c9b250bf |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.2170 of 2009 |
| Decision Date |
Jan 14, 2010 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by the petitioner, Moulvi Muhammad Azeem, affirming the findings of the lower courts. The Court emphasized the principle that findings of fact by competent courts should not be interfered with unless there is a jurisdictional defect or illegality. The Court noted that the petitioner failed to demonstrate any misreading of evidence by the lower courts. The High Court's decision to constitute a committee to investigate misappropriation was upheld as necessary due to the petitioner's breach of trust and mismanagement of the Madrassa funds. The Supreme Court reiterated that it should give due weight to the opinions of the courts below, especially the trial court which had firsthand knowledge of the witnesses and evidence presented. The petitioner was found to be untrustworthy, and the Court refused to exercise discretion in favor of the petitioner, leading to the refusal of leave to appeal. |
| Summary |
This case revolves around the conflicts arising in the management of a Madrassa, where the petitioner, Moulvi Muhammad Azeem, was accused of misappropriating funds and failing to maintain proper records. The respondent, Alhaj Mehmood Khan Bangish, sought declarations and injunctions against the petitioner, claiming that the Madrassa's funds were being mismanaged. The Supreme Court examined the lower courts' findings, emphasizing that unless a substantial legal error was shown, the decisions should be respected. The Court highlighted the importance of clean hands in seeking equitable relief, resulting in the dismissal of the petitioner's claims. This case is significant in the realm of civil procedure and the appellate jurisdiction of the Supreme Court, establishing precedents on the standards of evidence and the conduct expected from parties in disputes over trust and property management. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
CH. IJAZ AHMED,
GHULAM RABBANI, JJ
|
| Lawyers |
Altaf Ellahi Sheikh, Senior Advocate Supreme Court for Petitioner.,
Raja Muhammad Ibrahim Satti, Senior Advocate Supreme Court for Respondents.
|
| Petitioners |
Moulvi MUHAMMAD AZEEM
|
| Respondents |
another,
Alhaj MEHMOOD KHAN BANGISH
|
| Citations |
2010 SLD 2733,
2010 SCMR 817
|
| Other Citations |
PLD 1949 PC 26,
1998 SCMR 1462,
PLD 1973 SC 236,
PLD 1989 SC 166,
1990 CLC 1783
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973),
Specific Relief Act (I of 1877)
|
| Sections |
115,
185,
42,
54
|