Step 1 of 8
Welcome!
Let's learn how to use the search features effectively.
Step 1 of 7
Welcome!
Let's learn how to use the search features effectively.
Latest Judgments (All Jurisdictions within Pakistan)
ABDUL GHAFFAR VS THE STATE
Summary: Summary pending.
ABDUL MANAN TEN VS AHMAD
Summary: Summary pending.
ALLAH DITTA VS BASHIR AHMAD
Summary: Summary pending.
ABDUL HAN AN VS AHMAD
Summary: Summary pending.
JEHANGIR VS SHO POLICE STATION GHAZIABAD SAHIWAL
Summary: Summary pending.
RAEES KHAN VS SAMAR ALI SHAH
Summary: Summary pending.
ALLAH DITTA VS BASHIR AHMAD
Summary: Summary pending.
MST AMINA VS MUHAMMAD HASSAN
Summary: (a) West Pakistan Land Revenue Act (XVII of 1967)----
----S. 42----Oral gift----Mutation of inheritance----Scope----Plaintiff (respondent) claimed that his late father had orally gifted his entire estate to him, and the gift mutation was duly attested before the Revenue Officer----Defendant (petitioner), step-sister of the plaintiff, contested the claim, asserting her right to her Shari share in the inheritance----Trial Court dismissed the suit, holding that the alleged oral gift was the result of undue influence exerted by the plaintiff’s mother over the deceased father----District Judge and Judicial Commissioner reversed the decision and decreed the suit in favor of the plaintiff----Held, that the oral gift was doubtful due to contradictions in witness statements regarding delivery of possession----Gift mutation was previously canceled by the Assistant Collector, and neither the deceased father nor the plaintiff/respondent challenged the cancellation for several years----Under Shari principles, a female heir cannot be deprived of her inheritance without clear evidence of a valid transfer----Review allowed, and inheritance mutation restored in favor of the petitioner.
(b) Civil Procedure Code (V of 1908)----
----S. 114 & O.XLVII, R.1----Review of judgment----Scope----Judicial Commissioner failed to properly evaluate the evidence and overlooked key facts, including the deceased father's inaction regarding the alleged gift mutation during his lifetime----Omission to apply judicial mind to material aspects resulted in a miscarriage of justice----Held, that review was justified to correct the legal error, as the petitioner had been unjustly deprived of her rightful share in the inheritance.
----Cited Cases:
• Noor Muhammad v. Mst. Karim Bibi (PLD 1959 (W.P.) Lahore 932)
• Ghulam Akram v. Syed Shabbir Hussain Shah (PLD 1986 SC (AJ&K) 56)
----Disposition: Review petition allowed. Judgment of Judicial Commissioner and District Judge set aside. Trial Court’s judgment restored, recognizing the petitioner’s inheritance rights.
MUHAMMAD AKRAM VS ARSALLA KHAN
Summary: Summary pending.
ALLAH BAKHSH ALIAS BAOO VS THE STATE
Summary: Summary pending.