Case Details

Citation(s)
1976 SLG 277 1976 SLD 277 1976 SCMR 305
Supreme Court of Pakistan
Criminal Appeal No. 43 of 1971. decided on 28th October 1975, hearing DATE : 28th October 1974
MUHAMMAD YAQUB ALI, C.J., MUHAMMAD AFZAL CHEEMA AND ABDUL KADIR SHEIKH, JJ
Allah Wassaya Malik, Advocate Supreme Court of Pakistan instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioner Kh. Shaukat Ali, Advocate Supreme Court instructed by Sh. Ijaz Ali, Advocate-on-Record for
Respondent Sh. Masud Akhtar, Advocate Gen

ABDUL WAHID

VS

THE STATE AND OTHERS

Law:

Section:

Criminal Procedure Code (V of 1898)--- --- S. 517- Disposal of property involved in case-Award giving some of disputed film prints to respondent and some to petitioner set aside by Supreme Court and case remanded to Civil Judge for fresh decision on merits---Criminal case regarding alleged theft of some film prints by petitioner pending in petitioner's acquittal but film prints given over by trial Court to person held to be owner of films by Civil Judge and High Court-Supreme Court subsequently ordering filth prints to be deposited in a specified Police malkhana till disposal of appeal by it for reason of such a course being fair and proper-Interim order regarding deposit of disputed films in Police malkhana being only proper on facts and circumstances of cave confirmed. ORDER ABDUL KADIR SHEIKH, J.--Five film prints have been the subject-matter of long drawn litigation between the parties, both civil and criminal. Ch. Muhammad Hussain, Advocate, the Arbitrator appointed by the parties gave by the Award dated 17th May 1961 two film prints "Chhoomanter" and "Sawera" to Agha Muhammad Yakoob, respondent 2, and three film prints "Bazooband", "Tauheed" and "Talismi Talwar" to the petitioner Abdul Wahid. Abdul Wahid unsuccessfully challenged the Award in the civil Court and the Lahore High Court, but on appeal this Court set aside the Award and remanded the case to the Civil Judge for fresh decision on merits. Further proceedings have not yet taken place as the record of the case has been…
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