| Case ID |
ff2fdaaa-062e-4aec-a572-179b477e177f |
| Body |
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| Case Number |
C.P.175-P of 1995 |
| Decision Date |
May 21, 1996 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the High Court, which had remanded the case back to the trial court for the filing of written statements and recording of evidence. The Court emphasized that even if the jurisdiction of civil courts is barred, they still have the authority to examine whether the actions of special tribunals are lawful or mala fide. The Court dismissed the petition for leave to appeal, affirming that the High Court's remand order was valid and justified, and left no room for interference in the constitutional jurisdiction. |
| Summary |
This case revolves around the legality of the cancellation of a lease deed under the North-West Frontier Province Waqf Properties Ordinance, 1979. The petitioners challenged the order of the trial court which had declared their suit non-maintainable due to jurisdictional issues. The High Court, however, remanded the case, stating that the determination of jurisdiction was contingent upon resolving factual disputes, thus necessitating the filing of written statements and evidence. The Supreme Court upheld this view, reiterating the principle that civil courts can review actions by special tribunals for legality and mala fides, leading to the dismissal of the petition for leave to appeal. This case highlights the intersection of property law and jurisdictional authority within specialized legal frameworks, underscoring the importance of due process in legal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Civil Courts,
North-West Frontier Province Waqf Properties Department
|
| Judges |
Saiduzzaman Siddiqui,
Muhammad Bashir Khan Jehangira
|
| Lawyers |
Muhammad Aman Khan, Advocate Supreme Court,
Jan Muhammad Khan, Advocate-on-Record
|
| Petitioners |
Samiullah,
Naveedullah
|
| Respondents |
Fazle Malik,
Unnamed Respondent
|
| Citations |
1996 SLD 262,
1996 PLD 827
|
| Other Citations |
Muhammad Jamil Asghar v. Improvement Trust PLD 1965 SC 698,
Hamid Hussain v. Government of West Pakistan and others 1974 SCMR 356
|
| Laws Involved |
North-West Frontier Province Waqf Properties Ordinance, 1979,
Civil Procedure Code, 1908,
Constitution of Pakistan, 1973
|
| Sections |
21,
O.XLI, R.23,
An-185(3)
|