Mian LATIF SHAH vs MUNIR KHAN Gift — 2021 CLC 650 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 650 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: Mian LATIF SHAH vs MUNIR KHAN Gift
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mian LATIF SHAH VS MUNIR KHAN Gift---Hiba-ba-shartul-iwaz---Scope---' Hiba ' with a condition for something in return was called Hiba-ba-shartul-iwaz, in which the donee did not pay the consideration voluntary, but it was paid as a condition precedent for the gift---Gift and 'iwaz' went hand in hand and not one before the other---Payment of consideration was a prior condition (shart) for the gift---Subsequent gift by donee to donor, therefore, was the condition precedent for the first gift and the same (subsequent gift) was not consideration of the first gift---In a Hiba-ba-shartul-iwaz , the original gift was a pure gift at its inception and the payment of 'iwaz' was also an independent gift---Hiba-ba-shartul-iwaz was nothing but a set of two independent gifts in which the second gift was a condition precedent for the first.

Other judgments reported in 2021 CLC

2021 CLC 2042 PESHAWAR-HIGH-COURTAMIR ZADA VS Mian ZAMIN KHAN Non-obstante clause, over-riding factor of---Non-obstante clause was a legislative tool employed to give an ove…
2021 CLC 2042 PESHAWAR-HIGH-COURTAMIR ZADA VS Mian ZAMIN KHAN Procedural laws, retrospective effect of---Procedural laws normally have a retrospective effect, unless provide…
2021 CLC 746 PESHAWAR-HIGH-COURTMst. BIBI ROZA VS WALI-UR-REHMAN S.12(2)---application under S.12(2) C.P.C---Framing of issues---Scope---Though application under S.12(2) of…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB S.122---Specific Relief act (I of 1877), Ss.42 & 12---"Gift"---Counter deeds---Registered document, evidentiary val…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB 'Hiba', defined---Essentials of---Delivery of possession, over-riding effect of---Hiba was an unconditional transfe…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB 'Gift', essentials of---Declaration, delivery of possession and without consideration---Any deed which involved any…

Back to the case-law library · Search Pakistani case law in Urdu or English