MUHAMMAD UMAR (DECEASED) vs SIKANDAR ALI Ss — 2023 CLC 284 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 284 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: MUHAMMAD UMAR (DECEASED) vs SIKANDAR ALI Ss
Subject matter: Criminal
Provisions referred to: S. 100---S; S. 100; Civil Procedure Code (V of 1908)

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

MUHAMMAD UMAR (DECEASED) VS SIKANDAR ALI Ss.39, 42 & 54---Civil Procedure Code (V of 1908), S.100---Second appeal---Misreading and non-reading of evidence---Concurrent findings of facts by two Courts below---Appellant /defendant was aggrieved of judgments and decrees passed by two Courts below in favour of respondent / plaintiff---Validity---Decisions of Courts below were neither contrary to law nor any usage having force of law---Both the Courts in their judgments did not omit to decide "some material issue of law or usage having the force of law"---Not all instances of a Court's failure to decide an issue could suffer for the purpose of allowing an appeal---Only a failure to decide material issues existed which could enable an aggrieved party to invoke jurisdiction of an appellate Court---Question of materiality of an issue depended upon whether ultimate decision of Lower Appellate Court would have been different, if omitted issue was determined by it---In order to succeed in second appeal on ground mentioned in S.100 (1)(b), C.P.C., an appellant was to show that Lower Appellate Court would have reached a different conclusion, had it not failed to decide issue of law or usage specified in ground so mentioned---For consideration of ground mentioned in S.100(1)(c), C.P.C., it required an appeal, to show firstly that there was a substantial error or defect in procedure and secondly that such substantial error could have resulted in erroneous or defective decision of the case---High Court declined to interfere in judgments and decrees passed by two Courts below as no such substantial error had arisen---Second appeal was dismissed, in circumstances.

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