| Citation(s) |
|---|
| 1998 SLG 1519 1998 SLD 1519 1998 CLC 2006 |
Peshawar High Court
Civil Revision No. 105 of 1992, decision dated: 11-06-1998,hearing DATE : 2-06-1998
TARIQ PERVEZ, J
Alhaj Sardar Bahadur Khan for Petitioner. Muhammad Younis Khan Tanoli for
Respondent
Civil Revision No. 105 of 1992, decision dated: 11-06-1998,hearing DATE : 2-06-1998
TARIQ PERVEZ, J
Alhaj Sardar Bahadur Khan for Petitioner. Muhammad Younis Khan Tanoli for
Respondent
ZARDAD KHAN-vsMst. SAFIA BEGUM
Law:
Section:
(a) Civil Procedure Code (V of 1908)-------S. 115---Revisional jurisdiction in terms of S.115, C.P.C.---Essentials--Court exercising revisional jurisdiction would first see if case before it stood decided and that such decision was by Court subordinate to it, and that no appeal under law would lie against such decision---Next stage for exercise of revisional jurisdiction would come into play where revisional Court would again determine its powers by testing impugned order on the yardstick of: whether Court adjudicating on the matter had exercised jurisdiction not vested in it; that Court had jurisdiction but had failed to exercise the same; and that Court had exercised jurisdiction vested in it, but in illegal manner and/or had committed material irregularities. AIR 1936 Cal. 193; AIR 1941 Lah. 55: ATR 1,936 Pesh. 12; PLD 1993 Pesh. 94; 1995 SCMR 85; 1991 CLC 1499- 1992 CLC 435; 1992 CLC 505; 1993 CI_C 109; 1994 CLC 2189; 1995 CLC 1906; PLD 1968 Pesh. 169; PLD 1969 Pesh. 85; 1993 SCMR 618; 1996 MLD 377; 1990 CLC 164; PLD 1989 Kar. 404; 1.989 CLC 157; 1979 CLC 62; 1992 CLC,1117; 1990 CLC 164; 1993 SCMR 1463; 1997 MLD 3075; 1992 MLD 2515: W 1993 Pesh. 36; PLD 1993 Pesh. 181; PLD 1995 Pesh. 135; PLD 1994 SC 291 and 1996 SCMR_813 ref. (b) Contract Act (IX of 1872)--- ----S. 188---West Pakistan Land Revenue Act (XVII of 1967), S.42---Alienation of wife's property by husband without any lawful authority---Validity---No one could alienate any property unless the same was either owned by him or he was duly authorised through power of attorney for any such transaction mentioned/described in power of attorney---Sale of wife's property by husband without any lawful authority to sell the same was, thus, not valid. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 42---Qanun-e-Shahadat (10 of 1984), Art.118---Person claiming title on basis of impugned mutation was bound to establish that mutation in question was lawfully attested with free consent of owner thereof and in her presence---Any mutation which had created right, even though acted upon, would not become legal unless the same was tested on basis of other surrounding circumstances particularly when…
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