1981 PLP 1561 (CLC)
MUHAMMAD SARWAR KHAN‑Petitioner Versus ADDITIONAL CHIEF LAND COMMISSIONER, SIND, HYDERABAD
| Citation | 1981 PLP 1561 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Abdul Hayee Kureshi and S. A. Nusrat, JJ |
| Parties | MUHAMMAD SARWAR KHAN‑Petitioner Versus ADDITIONAL CHIEF LAND COMMISSIONER, SIND, HYDERABAD |
| Primary Law | (a) Civil Procedure Code (V of 1908)‑, (b) Words and phrases‑‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1561 (CLC)?
This judgment primarily cites: (a) Civil Procedure Code (V of 1908)‑, (b) Words and phrases‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1561 (CLC)?
The case was heard and decided by the Karachi bench comprising: Abdul Hayee Kureshi and S. A. Nusrat, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1561 (CLC) (MUHAMMAD SARWAR KHAN‑Petitioner Versus ADDITIONAL CHIEF LAND COMMISSIONER, SIND, HYDERABAD). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nasir Aslam Zahid for Petitioner.
Headnotes / Summary
‑‑ O. XLI, r. 25 ‑Remand of case to a Court or Tribunal for disposal on merits‑ Re‑opens entire case before such statutory functionary and such functionary under no fetters‑Appeal even if remanded for determination of some issues further action by such Court, to deal with case on me‑its, held, not barred. ‑‑[Remand of case]. Partab Singh v. Mst. Partapi and another A 1 R 1918 Lah. 342 ; Lahore Bank Limited v. Lakhi Ram 19 I C 970 ; Lala Singh v. Ram Lal A I R 1925 Lah. 39 and Afoti Singh v. Sobho Mal 32 1 C 634 ref. ‑‑‑‑ "Remand"‑Dictionary meaning : to send back case to same Court out of which it came, for purpose of having some' action on it there. Black's Law Dictionary, IV Edn., (c) Words and phrases‑‑ ‑.‑‑ "Disposal of case according to law"‑Means to decide it in a manner in consonance with law i.e. by adverting to merits of case and in accordance with law.
Judgment & Decree
(a) Civil Procedure Code (V of 1908)‑-- ‑‑ O. XLI, r. 25 ‑Remand of case to a Court or Tribunal for disposal on merits‑ Re‑opens entire case before such statutory functionary and such functionary under no fetters‑Appeal even if remanded for determination of some issues further action by such Court, to deal with case on me‑its, held, not barred. ‑‑[Remand of case]. Partab Singh v. Mst. Partapi and another A 1 R 1918 Lah. 342 ; Lahore Bank Limited v. Lakhi Ram 19 I C 970 ; Lala Singh v. Ram Lal A I R 1925 Lah. 39 and Afoti Singh v. Sobho Mal 32 1 C 634 ref. (b) Words and phrases‑‑-- ‑‑‑‑ "Remand"‑Dictionary meaning : to send back case to same Court out of which it came, for purpose of having some' action on it there. Black's Law Dictionary, IV Edn., (c) Words and phrases‑‑ ‑.‑‑ "Disposal of case according to law"‑Means to decide it in a manner in consonance with law i.e. by adverting to merits of case and in accordance with law. Nasir Aslam Zahid for Petitioner.