2001 SCMR 89 (PLP)
MAQBOOL AHMED — Petitioner Versus Civil Petition No. 15.22-L of 1997, decided on 12th February, 1998.
| Citation | 2001 SCMR 89 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan, Raja Afrasiab Khan |
| Parties | MAQBOOL AHMED — Petitioner Versus Civil Petition No. 15.22-L of 1997, decided on 12th February, 1998. |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2001 SCMR 89 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 SCMR 89 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan, Raja Afrasiab Khan.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 SCMR 89 (PLP) (MAQBOOL AHMED — Petitioner Versus Civil Petition No. 15.22-L of 1997, decided on 12th February, 1998.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Nadeem Saqlain, Advocate Supreme Court with Mian Ataur Rehman, Advocate- on-Record for Petitioner.
- Zaffar Iqbal, Advocate Supreme Court with S. Abul Aasim Jafri, Advocate-on-Record for Respondents Nos.3 and 7.
- Shahzad Shoukat, Advocate Supreme Court with Tanvir Ahmad Khan, Advocate- oh-Record for Respondents Nos.8, 10, 12 and 14.
- Date of hearing: 12th February, 1998.
Headnotes / Summary
(On appeal from the judgment, dated 12-11-1997 by the Lahore High Court, Lahore in Writ Petition No. 18798 of 1997).
Art.185(3)
Distribution of shares of deceased
Validity-- Trial Court directed the petitioners to make distribution in accordance with the shares of the heirs of the deceased according to Islamic law
Resolution of the dispute had not been shown to be suffering from any infirmity in law- -Such direction could not but be held to be advancing the cause of justice-- Leave to appeal was refused. Nemo for the Remaining Respondents.
Judgment & Decree
CH. MUHAMMAD ARIF, J.
Leave is sought against the judgment, dated 12-11-1997 in Writ Petition No. 18798 of 1997 whereby the Lahore High Court, Lahore directed the petitioner to make the distribution in accord with the shares of the heirs of the deceased in accordance with law. The operative part of the order reads thus:-- "
3. I am afraid, without going into technicalities of law, one thing which is evident on the face of record is that the entire sum of Rs.6,00,000 (Rupees six lacs) belonged to the deceased father of the parties and was to be shared equally among them. There is no reason or basis on which the petitioner can claim that though the principal amount invested by his father viz. Rs.50,000 is to be shared equally among all the legal heirs, but he alone is entitled to receive the bonus on the shares. There is long line of decisions of superior Courts holding that Constitutional jurisdiction has to be exercised for fostering the cause of justice and not to allow retention of litigation gains."
2. We heard Syed Nadeem Saqlain, learned counsel for the petitioner, Mr. Shahzad Shoukat and Mr. Zafar Iqbal, learned counsel for the respondents and have also perused the available material with their help. The resolution of the alleged dispute has not been shown to be suffering from any infirmity in law. The direction to equally distribute the shares among all the legal heirs cannot be held to be advancing the cause of justice. Not finding any force in this petition the same is dismissed and leave is refused. Q.M.H./M.A.K./M-67/S Petition dismissed.