Law: Criminal Procedure Code (V of 1898)

Section: 115

Law: Khyber Pakhtunkhwa Pre-emption Act, (X of 1987)

Section: 13(3),2(13)

REMARKS(1) The High Court can interfere when the lower court has either completely ignored or incorrectly interpreted material evidence in respect of making talab-e-mawathibat, leading to a flawed decision.(2) The section 13(1) Explanation I of the Pre-emption Act, makes it clear that law did not require physical presence of any witness besides the informer and the pre-emptor at the time of performance of talb-i-muwathibat. Meeting of informer and pre-emptor comprising two persons is sufficient within the meanings of sitting or meeting (Majlis) to perform talb-i-muwathibat in terms of section13(2) of the Act ibid.(2) The requirement of talb-i-muwathibat is immediate (jumping) demand by the pre-emptor without delay on receiving…

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