1981 PLP 1545 (CLC)
M. K. KHAKWANI‑Appellant Versus Mst. SHAHEEN‑ Respondent
| Citation | 1981 PLP 1545 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Zakiuddin Pal and Karrar Hussain Zaidi, JJ |
| Parties | M. K. KHAKWANI‑Appellant Versus Mst. SHAHEEN‑ Respondent |
| Primary Law | (a) Punjab Court of Wards Act (II of 1903), (c) Punjab Court of Wards Act (II of 1993)‑, (e) Punjab Court of Wards Act (II of 1903)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1545 (CLC)?
This judgment primarily cites: (a) Punjab Court of Wards Act (II of 1903), (c) Punjab Court of Wards Act (II of 1993)‑, (e) Punjab Court of Wards Act (II of 1903)‑, (d) Punjab Court of Wards Act (II of 1903)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1545 (CLC)?
The case was heard and decided by the Lahore bench comprising: Zakiuddin Pal and Karrar Hussain Zaidi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1545 (CLC) (M. K. KHAKWANI‑Appellant Versus Mst. SHAHEEN‑ Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Pir Rafi‑ud-Din Shah for Appellant.
- Asadullah Siddiqui for Respondent.
- Dates of hearing : 5th and 8th July, 1980.
Headnotes / Summary
‑‑ S. 16 read with S. 3 (a)‑Words and phrases‑Words "immovable property"‑Definition of immovable property given in S. 3 (a)‑Held, to be read together with provision of S. 16 of Act‑Words 'immov able property' used in S. 16 therefore cover movable as well as immovable property.‑[Words and phrases]. (b) Punjab Court of Wards Act (II of 1903)‑‑ ‑‑‑ S. 16‑Disability of land‑holder to sell land‑Landlord, held, may not in certain cases sell land after its release from Court of Wards but he can dispose of standing crops or grass grown thereon. ‑‑‑ S 4(2)‑‑Powers of Court of Wards‑Land‑holder owning movable as well as immovable property--‑Court of Wards, held, pass any order protecting movable property of landholder before assuming superintendence of his property. Maxwell on Interpretation of Statutes, 1969 Edn., pp. 96, 201 & 203 Nemat Ullah Qureshi and another v. Balqees Sitara P L D 1973 Lab. 442 and Sardar Muhammad v. Mst. Nasima Bibi and others P L D 1966 Lah. 703 ref. ‑.‑ S. 4‑Jurisdiction of Court of Wards‑Held, Court of Wards has jurisdiction to pass ancillary order in relation to final order at any stage of proceedings.‑[Jurisdiction]. --‑‑ S. 4 (2) read with Ss. 11 & 12‑‑Power of Commissioner -Commissioner passing interim orders after matter referred to him by Deputy Commissioner‑ Held, competent to pass interim order for protecting movable as well as immovable property. Syed Sardar Shah Bokhari v. The Chief Justice and Judges of the West Pakistan, P L. ‑D 1965 S C 479 ; Commissioner, Khairpur Division Khairpur and another v. Ali Sher Sirki P L D 1971 S C 242 ; Sind Employees' Social Security Association and another v. Adamjee Cotton Mills Ltd. P L D 1975 S C 32 ; Falahul Momineen Trust v Abdullah P L D 1970 Kar. 179 ; Zafar Iqbal v. Province of Sind P L D 1973 Kar. 383 ; Ch. Textile Mills Ltd., Lahore v. Central Board of Revenue, Islamabad P C D 1976 Lab. 1392 ; Shahnawaz Limited v. Kh. Autos Cars Limited, Karachi and another P L D 1979 Kar. 38 and Mst. Ghaman v. Taj Din P L D 1968 Lab. 987 ref.
Judgment & Decree
(c) Punjab Court of Wards Act (II of 1993)‑-- ‑‑‑ S 4(2)‑‑Powers of Court of Wards‑Land‑holder owning movable as well as immovable property--‑Court of Wards, held, pass any order protecting movable property of landholder before assuming superintendence of his property. Maxwell on Interpretation of Statutes, 1969 Edn., pp. 96, 201 & 203 Nemat Ullah Qureshi and another v. Balqees Sitara P L D 1973 Lab. 442 and Sardar Muhammad v. Mst. Nasima Bibi and others P L D 1966 Lah. 703 ref. (d) Punjab Court of Wards Act (II of 1903)‑-- ‑.‑ S. 4‑Jurisdiction of Court of Wards‑Held, Court of Wards has jurisdiction to pass ancillary order in relation to final order at any stage of proceedings.‑[Jurisdiction]. (e) Punjab Court of Wards Act (II of 1903)‑-- --‑‑ S. 4 (2) read with Ss. 11 & 12‑‑Power of Commissioner -Commissioner passing interim orders after matter referred to him by Deputy Commissioner‑ Held, competent to pass interim order for protecting movable as well as immovable property. Syed Sardar Shah Bokhari v. The Chief Justice and Judges of the West Pakistan, P L. ‑D 1965 S C 479 ; Commissioner, Khairpur Division Khairpur and another v. Ali Sher Sirki P L D 1971 S C 242 ; Sind Employees' Social Security Association and another v. Adamjee Cotton Mills Ltd. P L D 1975 S C 32 ; Falahul Momineen Trust v Abdullah P L D 1970 Kar. 179 ; Zafar Iqbal v. Province of Sind P L D 1973 Kar. 383 ; Ch. Textile Mills Ltd., Lahore v. Central Board of Revenue, Islamabad P C D 1976 Lab. 1392 ; Shahnawaz Limited v. Kh. Autos Cars Limited, Karachi and another P L D 1979 Kar. 38 and Mst. Ghaman v. Taj Din P L D 1968 Lab. 987 ref. Pir Rafi‑ud-Din Shah for Appellant. Asadullah Siddiqui for Respondent. Dates of hearing : 5th and 8th July, 1980.