Citation Name: 2024 YLR 789 LAHORE-HIGH-COURT-LAHOREBookmark this Case GHULAM SHABBIR (deceased) vs MUHAMMAD NAWAZ (deceased) S — 2024 YLR 789 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 789 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 789 LAHORE-HIGH-COURT-LAHOREBookmark this Case GHULAM SHABBIR (deceased) vs MUHAMMAD NAWAZ (deceased) S
Subject matter: Civil
Provisions referred to: S. 6---S

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

Citation Name: 2024 YLR 789 LAHORE-HIGH-COURT-LAHOREBookmark this Case GHULAM SHABBIR (deceased) VS MUHAMMAD NAWAZ (deceased) S. 6---Suit for possession through pre-emption--- Thumb impression---Proof--- Non-holding of inquiry---Respondents / plaintiffs claimed their superior right of pre-emption on the basis of co-sharers of the estate in the village---Judgment and decree passed by Trial Court was maintained by Lower Appellate Court---Validity---No one could be held guilty without any proper inquiry, scrutiny and providing him/her fair opportunity to plead and defend his/her case---Without any such inquiry the appellants/defendants were held culprits of tampering with thumb impressions of respondents/plaintiffs on the plaint and Wakalat Nama---Such practice could not be stamped by endorsing the same and no one could be held responsible until and unless a thorough inquiry into the matter was carried out---Veracity of documents in question were disbelieved and discredited due to the observations with regards to super imposing of thumb impressions---Such observations were based on self-conceived and biased approach, without any backing i.e. findings on the basis of thorough inquiry into the matter---High Court declined to approve findings germane to the documents as Lower Appellate Court while passing judgment and decree failed to exercise vested jurisdiction as per mandate of law and had totally misread evidence on record and had committed illegalities---High Court set aside judgment and decree and remanded the appeal to Lower Appellate Court for its decision afresh---Second appeal was allowed accordingly.

Other judgments reported in 2024 YLR

2024 YLR 2656 KARACHI-HIGH-COURT-SINDHMuhammad Maqsood VS State Ss. 324, 353 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---attempt t…
2024 YLR 2635 KARACHI-HIGH-COURT-SINDHAbdul Karim VS State S. 497---Foreign Exchange Regulation Act (VII of 1947),Ss. 4, 5, 8 & 23---Payments through informal banking channel of…
2024 YLR 2619 KARACHI-HIGH-COURT-SINDHBijar alias Bijli VS State Ss. 324, 353, 225, 337-a(i), 337-F(i), 337-H(2), 147, 148 & 149---Sindh arms act (V of 2013), S. 24---anti-Terror…
2024 YLR 2586 KARACHI-HIGH-COURT-SINDHFayaz alias Fayaz Hussain VS State Ss. 302(b), 324, 353, 337-F(iii), 337-F(v), 337-H(2), 506(2), 148 & 149---anti-Terrorism act (XXVII of 19…
2024 YLR 2561 KARACHI-HIGH-COURT-SINDHMuhammad Bilal VS State S. 497---Penal Code (XLV of 1860), Ss. 409, 419, 420, 467, 468, 471, 477-A & 109---Prevention of Corruption Act (II…
2024 YLR 1497 KARACHI-HIGH-COURT-SINDHKHALID VS State Minor contradictions in evidence---In consequential---Every contradiction can not take place of a material contradiction and…

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