| Citation(s) |
|---|
| 2007 SLG 1586 2007 SLD 1586 2007 PLD 186 |
Supreme Court of Pakistan
Civil Review Petition No. 105 of 2005, decision dated: 15-09-2006
SARDAR MUHAMMAD RAZA KHAN, MUHAMMAD NAWAZ ABBASI, AND FALAK SHER, JJ
Gulzarin Kiani, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record. Ibadur Rehman Lodhi, Advocate Supreme Court.
Civil Review Petition No. 105 of 2005, decision dated: 15-09-2006
SARDAR MUHAMMAD RAZA KHAN, MUHAMMAD NAWAZ ABBASI, AND FALAK SHER, JJ
Gulzarin Kiani, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record. Ibadur Rehman Lodhi, Advocate Supreme Court.
MUHAMMAD ZUBAIR and 12 others
VS
MUHAMMAD SHARIF
Law:
Section:
(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 72---Document---Proof---Satisfaction of a counsel---Validity---Satisfaction of counsel regarding authenticity or genuineness of a document is not sufficient to satisfy the requirement of law---Court must determine the factual position on the basis of legal evidence. (b) Supreme Court Rules, 1980--- ---O. XXVI---Constitution of Pakistan (1973), Art.188---Review of Supreme Court ---Scope of review is very limited and without pointing out a patent error of law or fact apparent on the record affecting the result, it is difficult to succeed in review. (c) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----S. 2-A---Supreme Court Rules, 1980, O.XXVI---Constitution of Pakistan (1973), Art. 188---Review of Supreme Court ---Legal evidence---Unattested documents---Contention of petitioners was that proof of relationship was established through unattested copies of documents placed on file but were not the part of judicial record---Validity--- Existence of relationship between the parties was not proved through any reliable evidence to establish on record that petitioners fell in the line of succession of last male owner and widow was holding the status of limited owner---In absence of any evidence, no presumption could be raised regarding status of the widow as limited owner for the purpose of S.2-A of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962---Female owner might or might not have a limited interest under custom, therefore, all female owners ipso facto could not be treated as limited owners---No exception could be taken to the verdicts given by civil court that the claim of petitioners was unfounded and the widow was a full owner---Petitioners without pointing out any substantial error in the had tried to re-open the case on merits to convince Supreme Court that the concurrent findings of all the three Courts on a question of fact were suffering from inherent defects---Supreme Court declined to review the ---Petition was dismissed. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This petition under Article 188 of the Constitution read with Order XXVI of Supreme Court Rules, 1980 has…
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