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Latest Judgments (All Jurisdictions within Pakistan)
MUHAMMAD SIDDIQ MIRZA VS Messrs STANDARD CHARTERED BANK LIMITED and others
Summary: Summary pending
TARIQ ALI VS HILAL SHAH
Summary: Summary pending
vs Rana SAGHEER HUSSAIN Regular Second Appeal No 76527 of 2017 heard on 21st April 2022
Summary: Summary pending
MUNAZIR ALI RANJHA vs MUHAMMAD AHMAD SAQIB and others
Summary: Summary pending
NASEER AHMED vs The STATE
Summary: Summary pending
NEW COLLEGE PUBLICATIONS vs GOVERNMENT OF PUNJAB through Secretary Education and 5 others
Summary: Summary pending
PROVINCE OF PUNJAB through Secretary Government of Punjab Revenue Department Lahore vs FEDERAL LAND COMMISSION through Chairman Islamabad and 3 others
Summary: Summary pending
Shakeela Bibi Vs Mushtaq
Law of EvidenceMaintainabilityThe Enforcement of the Women's Property Rights ActValidity of Mutation
Summary: (a) Enforcement of Women’s Property Rights Act, 2020
----Jurisdiction---Cancellation of mutation---Scope of Ombudsman’s authority---Complainant sought cancellation of mutation No. 19044 dated 21-04-2022 through which ownership of her property was transferred to her brother—Record showed that mutation was attested in complainant’s presence with her own signatures and thumb impression, as well as those of her husband and relative witnesses—Held, prayer for cancellation of mutation was not maintainable before the Ombudsman since such relief falls exclusively within jurisdiction of Civil Courts.
(b) Evidence---Admission by complainant
----Complainant’s acknowledgment of participation in mutation proceedings and attestation of transfer deed rendered her subsequent challenge beyond the remedial scope of the forum established under the Act.
(c) Limits of statutory jurisdiction
----The Enforcement of Women’s Property Rights Act, 2020 empowers Ombudsman to restore possession or title where deprivation is caused through coercion, fraud, or force; it does not extend to adjudicating title disputes or cancelling duly attested mutations already perfected under revenue law.
(d) Disposition —
Complaint dismissed as not maintainable. Relief for cancellation of mutation No. 19044, dated 21-04-2022, held to lie exclusively before competent Civil Court.
Shaeela Bibi Vs Jameel Ahmed
Civil LawLand/Property LawMaintainabilityThe Enforcement of the Women's Property Rights ActValidity of Mutation
Summary: (a) Enforcement of Women’s Property Rights Act, 2020
----Ss. 4 & 5---Jurisdiction---Cancellation of mutation---Scope of Ombudsman’s authority---Complainant sought cancellation of mutation No. 19044 dated 21-04-2022 whereby her property had been transferred to her brother—Record showed mutation was attested in complainant’s presence with her own signatures and thumb impression, as well as that of her husband and relative witnesses—Held, cancellation or annulment of a duly attested mutation lies exclusively within the jurisdiction of a Civil Court and falls outside the scope of powers conferred upon the Ombudsman under the Act.
(b) Women’s Property Rights---Nature of relief available before Ombudsman
----The Ombudsman’s jurisdiction extends to restoration of possession or protection against coercive deprivation of ownership; however, the forum cannot declare a validly attested mutation void or set aside a transfer executed with the complainant’s consent.
(c) Admitted transaction---Effect
----Where transfer of property is admitted and attested with complainant’s consent, later allegation of deprivation cannot be entertained before the Ombudsman in absence of proof of coercion, fraud, or misrepresentation.
(d) Disposition —
Complaint dismissed as not maintainable. Cancellation of mutation No. 19044 dated 21-04-2022 held to fall within exclusive jurisdiction of Civil Court.
Umar Zaman VS Chairman National Accountability Bureau Islamabad and others
Summary: Service Matter, Removal from Service.