| Case ID |
fff7e968-7d0d-42da-9f53-16d7e7c41404 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.389 of 1996 |
| Decision Date |
Jun 02, 1997 |
| Hearing Date |
Jun 02, 1997 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal to consider whether the High Court correctly non-suited the petitioners based on the assumption that no decree was passed before 31-7-1986. The petitioners argued that a pre-emption decree was indeed passed in their favor on 9-4-1980. The court recognized the force of this argument and decided to grant leave to further examine the issue. The case was remanded for further consideration regarding the applicability of the pre-emption decree. |
| Summary |
In the case of MUHAMMAD NAZIR and others vs NIAZ ALI, the Supreme Court of Pakistan dealt with a significant issue regarding the Punjab Pre-emption Act of 1913. The case revolved around a pre-emption suit where the trial court initially dismissed the suit, but the appellate court remanded it for further evidence. However, the High Court set aside the remand order, dismissing the suit due to a lack of decree before a specific date. The petitioners argued that a decree had indeed been passed in their favor on 9-4-1980, which the High Court overlooked. The Supreme Court granted leave to appeal to address whether the High Court correctly dismissed the petitioners based on this oversight. This case highlights the complexities involved in pre-emption laws and the importance of accurate judicial records. Keywords: Punjab Pre-emption Act, Supreme Court of Pakistan, decree, pre-emption suit, judicial oversight. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN, ACTG. C.J.,
MUHAMMAD BASHIR,
JEHANGIRI,
NASIR ASLAM ZAHID
|
| Lawyers |
Maulvi Anwarul Haq, Advocate Supreme Court,
Ch Akhtar Ali, Advocate-on-Record
|
| Petitioners |
MUHAMMAD NAZIR and others
|
| Respondents |
NIAZ ALI
|
| Citations |
1998 SLD 1272,
1998 SCMR 384
|
| Other Citations |
PLD 1986 SC 360
|
| Laws Involved |
Punjab Pre-emption Act,
Constitution of Pakistan
|
| Sections |
15,
185(3)
|