YLR 2010

2010 PLP 1814 (YLR)

Messrs TOYS INTERNATIONAL (PVT.) LTD. through Chief Executive — Applicant Versus HAIDER ALI MULJI and 7 others — Respondents

Jurisdiction / Court
Karachi
Decided Date
Criminal Revision Application No. 162 of 2009, decided on 8th March, 2010.
Honorable Judges
Aqeel Ali Abbasi, J
Case Reference Summary (AEO Optimized)
Citation 2010 PLP 1814 (YLR)
Forum / Court Karachi
Bench Members Aqeel Ali Abbasi, J
Parties Messrs TOYS INTERNATIONAL (PVT.) LTD. through Chief Executive — Applicant Versus HAIDER ALI MULJI and 7 others — Respondents
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2010 PLP 1814 (YLR)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2010 PLP 1814 (YLR)?

The case was heard and decided by the Karachi bench comprising: Aqeel Ali Abbasi, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2010 PLP 1814 (YLR) (Messrs TOYS INTERNATIONAL (PVT.) LTD. through Chief Executive — Applicant Versus HAIDER ALI MULJI and 7 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Liaqat Ali Qasim for Respondents Nos.3,4,5 and 7.

Headnotes / Summary

S. 439

Application to withdraw revision application

Counsel for the applicant had sought permission to withdraw the revision application with the condition that applicant could be permitted to file appropriate proceedings against the respondents before the competent court

Counsel for the respondent did not object to simple withdrawal of revision application but objected to its conditional withdrawal

Application was dismissed as not pressed, however, High Court observed that applicant was at liberty to seek remedy, if available, in accordance with law. Dr. Muhammad Safdar v. Edward Henry Louis PLD 2009 SC 404 and Rahim Tahir v. Ahmed Jan 2 others PLD 27 SC 423 ref. Sarfraz Khan Tanoli and Tanveer ul-Islam for Applicant. Shazado Saleem A.P.-G.

Judgment & Decree

AQEEL ALI ABBASI, J.

Today learned counsel for the applicant has moved an application for withdrawal of the instant revision application along with a Judgment of the Hon'ble Supreme Court of Pakistan reported as Dr. Muhammad Safdar v. Edward Henry Louis (PLD 2009 SC 404) in which it has been held that Illegal Dispossession Act, 2005 has no retrospective effect, and has overruled the earlier Judgment of the Hon'ble Supreme Court in the case of Rahim Tahir v. Ahmed Jan 2 others (PLD 27 SC 423). Learned counsel for the applicant seeks permission to withdraw the instant revision application with the condition that the applicant may be permitted to file appropriate proceedings against the respondents before the competent Court. Learned counsel for the respondent does not object to simple withdrawal of the instant application, as according to him, in view of the Judgment of the Hon'ble Supreme Court, the instant revision is otherwise liable to be dismissed, however, he objects to conditional withdrawal of the application.

2. In view of the above, the application is dismissed as not pressed. However, the applicant may be at liberty to seek remedy, if available, in accordance with law. H.B.T./T-10/K Appeal dismissed.