Law:

Section:

(a) Civil Procedure Code (V of 1908)-- S.115RevisionConcurrent findings of fact by the Courts below­Interference of High Court in exercise of revisional jurisdictionDifferent view on reappraisal of evidence by High Court in exercise of its jurisdiction under S.115, C.P.C. could not be a ground for interference with such findings of fact of the two Courts belowWhere, however, the concurrent findings of fact by the Courts below were perverse, arbitrary or fanciful the same could not be termed as 'sacrosanct' and could be interfered with. 2000 SCMR 431 and 2000 SCMR 974 ref. (b) Power of attorney Interpretation ofImplementation of power of attorneyPower of attorney must be strictly construed and it is necessary to show that on a fair construction of the whole instrument the authority in question may be found within the four corners of the instrument either in express terms or by necessary implication. AIR 1928 Bom. 225 and Fida Muhammad v. Pir Muhammad Khan PLD 1985 SC 341 ref. (c) QanuneShahadat (10 of 1984) Art.30EvidenceAdmissionFact not challenged during the evidenceEffectWhere a fact asserted by one party remains unchallenged, the same amounts to admission on the part of other party. (d) Civil Procedure Code (V of 1908) S.115RevisionMisreading and nonreading of evidenceHigh Court reversing the judgment of Lower Appellate CourtValidityWhere the evidence had not been examined in depth, it was a case of sheer misreading and nonreading of evidence resulting in serious miscarriage of justiceHigh Court had rightly reversed such judgment of Lower Appellate Court­Judgment of High Court was free from any legal infirmity and the same did not call for any interference. (e) Islamic Law GiftHibabilIwazNondelivery of possessionMutation in the name of donee EffectWhere possession of subject land was never handed over to the donee, mutation simpliciter could not be considered as an exclusive proof of ownership which was a presumption subject to rebuttalHanding over of the possession was an important ingredient of HibabilIwaz. (f) Civil Procedure Code (V of 1908) S.115Constitution of Pakistan (1973), Art.185(3)RevisionMis­readtnb and nonreading of evidenceConcurrent findings…

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