| Citation(s) |
|---|
| 1991 SLG 1282 1991 SLD 1282 1991 SCMR 1567 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.999 of 1989, decision dated: 20-09-1989(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 26-8-1989, passed in W.P. No.3438 of 1989)
SAAD SAOOD, JAN AND S. USMAN ALI SHAH, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Civil Petition for Special Leave to Appeal No.999 of 1989, decision dated: 20-09-1989(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 26-8-1989, passed in W.P. No.3438 of 1989)
SAAD SAOOD, JAN AND S. USMAN ALI SHAH, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
JAVED IQBAL
ADDITIONAL SESSIONS JUDGE, SARGODHA and others
Law:
Section:
Criminal Procedure Code (V of 1898)--S.516-A---Constitution of Pakistan (1973), Art.185(3)---Superdari--- Case property, a vehicle, was given on Superdari to petitioner against a specified surety---On application of contesting respondent, Appellate Court modified terms of ' Superdari---Petitioner challenged modified order of Superdari through Constitutional petition in High Court which was dismissed---Leave to appeal--High Court after going through the record found no error in the modified order of Superdari passed by Appellate Court---Petitioner's counsel before High Court made request for allowing some time to comply with the direction of Authority--High Court allowed one month's time to petitioner to comply with the terms of Superdari---High Court's order being a consent order needed no interference by Supreme Court---Leave to appeal was refused. ORDER S. USMAN ALI SHAH, J: --Leave to appeal has been sought by the petitioner against the order of the Lahore High Court, Lahore, dated 26-8-1989, whereby his writ petition was dismissed with certain concession granted to him. Brief facts of the case are that respondent No.2 purchased a Toyota Hilux No.BUA-5264 Model 1983 from Muhammad Khalid respondent No.3 for a sale consideration of Rs.1,50,000 on instalments of Rs.3,000 p.m. and paid Rs.50,000 as advance under a written agreement dated 4-6-1986. The respondent No.2 paid certain instalments and only Rs.16,000 were left outstanding. Respondent No.2 entered into another agreement with the petitioner to make him a partner of 3/4th share in the said vehicle and its price was fixed as Rs.1,20,000 in which he paid Rs.90,000 of his share to the respondent No.2. Bahi Khan father of the petitioner who was looking after the interest of the petitioner in the said vehicle was murdered by the respondent No.2 and a case under section 302, P.P.C. was registered against him. The said vehicle was also taken into custody by the police but later on it was given on Superdari against a surety of Rs.1,00,000 to the petitioner by the Ilaqa Magistrate vide his order dated 19-4-1989. Respondent No.2 filed application in the Court of Addl. Sessions Judge, Sargodha, respondent No.1 on…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492