1981 PLP 744 (CLC)
ESSRS IMAM & IMAM‑Appellant/Plaintiff Versus TEIE KARACHI MUNICIPAL CORPORATION, KARACHI
| Citation | 1981 PLP 744 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Zahoorul Haq, J |
| Parties | ESSRS IMAM & IMAM‑Appellant/Plaintiff Versus TEIE KARACHI MUNICIPAL CORPORATION, KARACHI |
| Primary Law | (b) City of Karachi Municipal Act (XVII of 1933)‑, (a) Evidence Act (I of 1872)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 744 (CLC)?
This judgment primarily cites: (b) City of Karachi Municipal Act (XVII of 1933)‑, (a) Evidence Act (I of 1872)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 744 (CLC)?
The case was heard and decided by the Karachi bench comprising: Muhammad Zahoorul Haq, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 744 (CLC) (ESSRS IMAM & IMAM‑Appellant/Plaintiff Versus TEIE KARACHI MUNICIPAL CORPORATION, KARACHI). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Akhtar Mahmood for Appellant.
- Muslim Naqvi alongwith Muhammad Saghir Raner for Respondent.
- Date of hearing : 9th November, 1980.
Headnotes / Summary
‑‑ S. 115 read with Civil Procedure Code (V of 1908), S. 11‑Estoppel by res judicata‑Appellants not party to earlier judgment‑Held, appellants could not have benefit of res judicata since there can be no estoppel against law.‑[Res judicata‑Estoppel]. ‑‑‑ S. 271‑‑‑Inclusion/exclusion of local area in ‑ Karachi city‑‑ Appellants simply filing two notifications to establish exclusion and inclusion of disputed area within City of Karachi but not adducing relevant proof of compliance of formalities‑Proof of proper com pliance of formalities prescribed under S. 271. of City of Karachi Municipal Act, 1933, held, incumbent upon appellants and failure to comply with same could have effect of making action illegal.
Judgment & Decree
Regular Civil Second Appeal No. 237 of 1969, heard on 9th November, 1980. (a) Evidence Act (I of 1872)‑-- ‑‑ S. 115 read with Civil Procedure Code (V of 1908), S. 11‑Estoppel by res judicata‑Appellants not party to earlier judgment‑Held, appellants could not have benefit of res judicata since there can be no estoppel against law.‑[Res judicata‑Estoppel]. (b) City of Karachi Municipal Act (XVII of 1933)‑
‑‑‑ S. 271‑‑‑Inclusion/exclusion of local area in ‑ Karachi city‑‑ Appellants simply filing two notifications to establish exclusion and inclusion of disputed area within City of Karachi but not adducing relevant proof of compliance of formalities‑Proof of proper com pliance of formalities prescribed under S. 271. of City of Karachi Municipal Act, 1933, held, incumbent upon appellants and failure to comply with same could have effect of making action illegal. Akhtar Mahmood for Appellant. Muslim Naqvi alongwith Muhammad Saghir Raner for Respondent. Date of hearing : 9th November, 1980.