AKBAR KHAN vs INAYAT AKBER S — 2023 CLC 2152 Gilgit-Baltistan Chief Court

Case information

Citation: 2023 CLC 2152 Gilgit-Baltistan Chief Court
Year: 2023
Reporter: CLC
Parties: AKBAR KHAN vs INAYAT AKBER S
Subject matter: Civil
Provisions referred to: S. 47---E

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

AKBAR KHAN VS INAYAT AKBER S.47---Execution proceedings---Objection petition---Executing Court, powers of---Scope---Objection petition filed by the petitioner /judgment-debtor was dismissed by the Executing Court, which order was maintained by the Appellate Court---Validity---Impugned order revealed that the Executing Court had dismissed the objections raised by the petitioner / judgment-debtor on the presumptions that he was violating the terms and conditions of the (consent) decree and was interfering in the property of the respondents / decree-holders, however in said connection, neither the Executing Court had recorded any evidence nor the Court had carried out a site inspection of the disputed property, without which the Executing Court could not come to a conclusion against the petitioner-judgment-debtor---According to the mandate of law, the Court was bound to record reasons for its order on the basis of evidence---Courts below had failed to apply their judicious mind and the impugned orders could not be termed as fair rather were passed in disregard to the provisions of law and had resulted into complete failure of justice---Chief Court set aside impugned orders passed by Executing Court and Appellate Court and remanded the matter to the Executing Court with directions to decide the execution petition afresh after inspection of the disputed site or recording of evidence regarding violation of terms and conditions of the decree---Revision was allowed, in circumstances. Head NotesCase Description

Other judgments reported in 2023 CLC

2023 CLC 1510 QUETTA-HIGH-COURT-BALOCHISTANHAFEEZULLAH VS Dr. MUNIR AHMED Gift---Oral gift---Gift in favour of minor---Scope---Gift in favour of minor is not invalid if physical posse…
2023 CLC 685 QUETTA-HIGH-COURT-BALOCHISTANSHAHEEN ALAM VS Mst. BIBI SALMA (Widow) S.278---Petition for letters of administration---Scope---Administration suit in view of the Successi…
2023 CLC 1008 KARACHI-HIGH-COURT-SINDHMst. BASHIRA BIBI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence S.1---Recovery of damages---Vicarious liability---Employe…
2023 CLC 1008 KARACHI-HIGH-COURT-SINDHMst. BASHIRA BIBI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence Civil liability---Acquittal in criminal case---Effect---E…
2023 CLC 1721 QUETTA-HIGH-COURT-BALOCHISTANMUHAMMAD SAEED VS The CHAIRMAN, BALOCHISTAN PUBLIC SERVICE COMMISSION S. 114 & O. XLVII, R. 1---Review---Scope---Courts are vested with the…
2023 CLC 1721 QUETTA-HIGH-COURT-BALOCHISTANMUHAMMAD SAEED VS The CHAIRMAN, BALOCHISTAN PUBLIC SERVICE COMMISSION art.199---Constitutional jurisdiction---Factual controversy---Scope---…

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