2008 SCMR 1060 (PLP)
Mst. HAWA and others — Petitioners Versus GHULAM MUHAMMAD and others — Respondents
| Citation | 2008 SCMR 1060 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, Actg. C.J. Faqir Muhammad Khokhar and Tassaduq Hussain Jillani, JJ |
| Parties | Mst. HAWA and others — Petitioners Versus GHULAM MUHAMMAD and others — Respondents |
| Primary Law | West Pakistan Redemption and Restitution of Mortgaged Land Act (XIX of 1964) |
Q1: What are the key laws and sections cited in 2008 SCMR 1060 (PLP)?
This judgment primarily cites: West Pakistan Redemption and Restitution of Mortgaged Land Act (XIX of 1964) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 SCMR 1060 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, Actg. C.J. Faqir Muhammad Khokhar and Tassaduq Hussain Jillani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 SCMR 1060 (PLP) (Mst. HAWA and others — Petitioners Versus GHULAM MUHAMMAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Afzal Wahla, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 25th- January, 2005.
Headnotes / Summary
(On appeal from the judgment, dated 28-4-2004 of the Lahore High Court, Multan Bench, passed in Writ Petition No.867 of 1996).
S. 5
Constitution of Pakistan (1973), Art.185(3)
Leave to appeal was granted to examine, inter alia, as to whether Collector under West Pakistan Redemption and Restitution of Mortgaged Land Act, 1964, was empowered to deal with the matter of redemption of evacuee property and whether High Court in view of the facts and circumstances of case had correctly applied the principles laid down by Supreme Court' in respect of running out of period of limitation for redemptions of evacuee property in the case reported as PLD 1986 SC
35. Samar Gul v. Central Government and others PLD 1986 SC 35 ref.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J.
This petition for leave to appeal has been filed against judgment dated 28-4-2004 of the. Lahore High Court whereby writ petition filed by the respondents has been accepted.
2. Leave to appeal is granted to examine, inter alia, as to whether the Collector under the West Pakistan Redemption of Mortgage Property Act, 1964, is empowered to deal with the matter of redemption of the evacuee property and as to whether the learned High Court in view of the facts and circumstances of the case correctly applied the principle laid down by this Court in respect of running out of period of limitation for redemption of evacuee property, in the case of Samar Gul v. Central Government and others PLD 1986 SC
35. Subject to notice, status quo to be maintained, H.B.T./H-31/SC Leave to appeal granted.