| Case ID |
f7a65bfa-7f8c-451d-b998-473f9da13a36 |
| Body |
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| Case Number |
Civil Petition No.272 of 2007 |
| Decision Date |
May 10, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the Peshawar High Court, emphasizing the need for judicial application of mind in the execution of court orders. The Court noted that the executing court did not adequately consider the objection raised by the Respondent regarding the auction of the property. The High Court's judgment was deemed justified as it remanded the case back for proper investigation of the objection petition, ensuring the principles of justice were upheld. The final decision aimed to restore fairness in judicial proceedings and protect the rights of the parties involved. |
| Summary |
In the case of Civil Petition No.272 of 2007 before the Supreme Court of Pakistan, the primary issue revolved around the auction of a property due to a loan default. The Respondent, Abdul Qadoos Khan Swati, failed to discharge his liabilities to the National Bank of Pakistan, leading to an execution petition and subsequent auction of his property. The Supreme Court addressed various legal principles, including the Constitution of Pakistan and the Banking Companies Ordinance, highlighting the importance of judicial scrutiny in executing court orders. The Court emphasized that judicial officers must apply their minds to the facts presented and ensure that public functionaries act justly. This case underlines the significance of legal compliance and the role of the judiciary in maintaining justice within the financial sector, especially concerning banking and property rights. The decision serves as a precedent for future cases concerning loans, banking regulations, and property auctions, contributing to a better understanding of legal responsibilities and rights in financial transactions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
National Bank of Pakistan,
State Bank of Pakistan
|
| Judges |
Sardar Muhammad Raza Khan,
Ch. Ijaz Ahmed,
Hamid Ali Mirza
|
| Lawyers |
Abdul Shakoor Khan
|
| Petitioners |
Wajid Saeed Khan
|
| Respondents |
Abdul Qadoos Khan Swati
|
| Citations |
2007 SLD 1476,
2007 SCMR 1759
|
| Other Citations |
Rehmatullah's case 1968 SCMR 337,
Gouranga Mohan Sikdar's case PLD 1970 SC 158,
Mollah Ejahar Ali's case PLD 1970 SC 173,
Airport Support Services v. The Airport Manager 1998 SCMR 2268
|
| Laws Involved |
Constitution of Pakistan (1973),
Banking Companies Ordinance (LVII of 1962),
General Clauses Act (X of 1897)
|
| Sections |
185(3),
25,
24-A
|