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GHULAM ABBAS vs MUHAMMAD IJAZ Ss — 2026 PLD 501 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2026 PLD 501 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2026
Reporter
PLD
Parties
GHULAM ABBAS vs MUHAMMAD IJAZ Ss
Subject matter
Criminal
Provisions referred to
S. 88; Penal Code (XLV of 1860)

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

GHULAM ABBAS VS MUHAMMAD IJAZ Ss.87 & 88---Penal Code (XLV of 1860), Ss.302, 148 & 149---Constitution of Pakistan, Arts.23 & 24---Qatl-i-amd, rioting armed with deadly weapons---Absconder---Property rights---Auction of undivided joint property---Petitioner was aggrieved of orders passed by Courts below directing auction of undivided joint property as his brother had been declared a proclaimed offender in a murder case---Validity---While ordering attachment of property, a receiver was appointed under S.88(4)(f), Cr.P.C.; however, the property was not demarcated and shares of co-sharers remained unidentified---There was no direction of the Provincial Government for sale of property through auction nor any necessity arose in the given facts and circumstances---Auction of entire property, to the detriment of co-sharers, without prior demarcation of shares should not have been ordered---No public interest justified such auction without ensuring partition---Right of petitioner to hold property under Art.23 of the Constitution would be violated if he was dispossessed or his share remained unidentified before auction, amounting to an unreasonable restriction---Deprivation of property through such auction was not protected under "specific prohibition" within the meaning of Art.24 of the Constitution---High Court set aside the orders passed by the Courts below as being illegal, invalid and an abuse of process of law---Petition was allowed in circumstances.

Other judgments reported in 2026 PLD

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