| Case ID |
f53a3f9e-e6c2-47b0-be84-c42082491067 |
| Body |
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| Case Number |
Civil Review Petition No. 23 of 1982 in Civil Appe |
| Decision Date |
Nov 27, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the findings of the Lahore High Court regarding the validity of the President's Order No. 12 of 1961, which allowed the Central Government to distribute the properties of the late Ameer of Bahawalpur. The Court found that the Distribution Order of 1969 was flawed and did not adhere to the principles of law, specifically Muslim Law (Shariat), for the distribution of private properties among the heirs. The Court indicated that the properties could not be categorized as belonging exclusively to the petitioner and must be divided among all heirs. The review petition was dismissed, affirming the High Court's decision that the distribution must follow legal principles rather than arbitrary government decisions. |
| Summary |
This case revolves around the distribution of properties following the death of Nawab Sir Sadiq Muhammad Khan Abbasi, the Ameer of Bahawalpur. The petitioner, Brigadier H. H. Nawab Muhammad Abbas Khan Abbasi, claimed exclusive rights over his father's properties based on the Merger Agreement and customary laws of Bahawalpur. However, the Government of Pakistan intervened, asserting that the distribution fell under the jurisdiction of the President's Order No. 12 of 1961. The Lahore High Court initially ruled in favor of the Government, stating that the distribution lacked legal basis and ordered a reassessment. The Supreme Court upheld this decision, emphasizing that the distribution must comply with Muslim Law and cannot favor one heir over others without legal justification. This case highlights the complexities of property rights in former princely states and the importance of adhering to legal frameworks when resolving disputes among heirs. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Pakistan,
Nawab Sir Sadiq Muhammad Khan Abbasi,
Commission of Revenue
|
| Judges |
MUHAMMAD HALEEM, C.J.,
NASIM HASAN SHAH,
SHAFIUR RAHMAN,
ZQFFAR- HUSSAIN MIRZA,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
A. K. Brohi, Senior Advocate Supreme Court,
Fazal-i-Hussain, Advocate-on-Record,
Iftikhar Ahmad, Deputy Attorney-General,
Ch. Akhtar Ali, Advocate,
A. R. Sheikh, Senior Advocate Supreme Court,
S. Inayat Hussain, Advocate-on-Record,
ASdul Hakeem Khan, Advocate Supreme Court,
M. A. Siddiqi, Advocate-on-Record,
Khalil Ramday, Assistant Advocate-General Punjab,
Inamul Haq, Advocate Supreme Court
|
| Petitioners |
Brigadier H. H. Nawab Muhammad Abbas Khan Abbasi
|
| Respondents |
THE GOVERNMENT OF PAKISTAN AND OTHERS
|
| Citations |
1984 SLD 225,
1984 PLD 67
|
| Other Citations |
Hussain Bakhsh v. Settlement Commissioner, Rawalpindi and others P L D 1970 S C 1,
West Pakistan Transport Company v. The Transport Appellate Authority and others P L D 1965 S C 248,
The Provincial Government, N: W. F. P. v. M. K. Musafir and another P L D 1965 S C 489,
Shankarlal Narayandas Mundade v. The New Mofussll Co. Ltd. and others A I R 1946 P C 97,
Fazl-e-Haq, Accountant-General, West Pakistan v. The State P L D 1960 S C 295,
Lt.-Col. Nawabzada Muhammad Amir Khan v. The Controller of Estate Duty, Government of Pakistan, Karachi and another P L D 1962 S C 335,
Syed Muhammad Zaki and another v. Maqsood Ali Khan and another P L D 1976 S C 309,
Mirza Akbar Ali v. Mirza Iftikhar Ali and others P L D 1956 F C 50,
Zulfikar Ali Bhutto v. The State P L D 1979 S C 741,
Muhammad Imam Ali Khan v. Sardar Hussain Khan 251 A 161
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 188,
Art. 199
|