MUHAMMAD YAR vs BIBI GUL SEEMA Ss — 2023 CLC 433 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 CLC 433 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: CLC
Parties: MUHAMMAD YAR vs BIBI GUL SEEMA Ss
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

MUHAMMAD YAR VS BIBI GUL SEEMA Ss.42, 39 & 54---Suit for declaration, cancellation and permanent injunction---Gift mutation---Non-production of witnesses---Scope---Plaintiff filed suit for declaration, cancellation of mutations and permanent injunction before the trial court contending therein that she being daughter of the alleged donor was entitled for her share in the inheritance, but the defendants through fraud and by producing fake witness of gift had got transferred the properties in their names and had also sold out the same to different persons by ignoring and depriving plaintiff and female defendants/sisters of plaintiff of their shares---Contesting defendants filed joint written statement stating therein that the mutation of exchange and hiba entered into by the defendants was according to law---Trial Court decreed the suit, while the appeal was dismissed---Validity---Defendants had admitted that the gift mutation was without mentioning any date, month and names of witnesses---Nothing was available to record to prove that the donor had appeared before the revenue authority and confirmed the factum of oral gift---Signature of the donor was different in the transfers/mutations---Even the CNIC (Computerized National Identity Card) number of donor was not mentioned in the gift transfer---Defendants had not bothered to produce any witness of the gift acceptance and possession---Courts below had recorded concurrent findings of facts, which could not be interfered---Revision petition 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