2001 SCMR 1443 (PLP)
MUHAMMAD SIDDIQI through Attorney‑‑‑ Petitioner Versus Messrs T.J. IBRAHIM & COMPANY
| Citation | 2001 SCMR 1443 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Deedar Hussain Shah and |
| Parties | MUHAMMAD SIDDIQI through Attorney‑‑‑ Petitioner Versus Messrs T.J. IBRAHIM & COMPANY |
Q1: What are the key laws and sections cited in 2001 SCMR 1443 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 SCMR 1443 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Deedar Hussain Shah and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 SCMR 1443 (PLP) (MUHAMMAD SIDDIQI through Attorney‑‑‑ Petitioner Versus Messrs T.J. IBRAHIM & COMPANY). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Raja Haq Nawaz, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- Date of hearing: 23rd August, 2000.
Headnotes / Summary
(On appeal from the order dated 15‑4‑1999 of the High Court of Sindh, Karachi in C.M.A. No. 1880 of 1997 in J. Misc. No. l of 1989). (a) Benami transaction‑‑ ‑‑‑‑ Onus to prove‑‑‑Initial burden of proof is on the party who alleges that an ostensible owner is Benamidar. Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703 ref. (b) Benami transaction‑ ‑‑‑‑ Failure to prove source of money‑‑‑Non‑appearance of petitioner to prove the source‑‑‑Disputed property was alleged two be Benami transaction‑‑ Respondent had laid his claim that the suit property was Benami owned by the company as the same was purchased through one of the relatives of the petitioner for which amount was paid from the funds of the company‑‑ Petitioner claimed that the property was purchased by him but he did not appear and could not produce evidence with regard to source of funds with which the property was said to have been purchased‑‑‑Claim of the petitioner was rightly dismissed by High Court‑‑‑Leave to appeal was refused‑‑ Constitution of Pakistan (1973), Art. 185(3). Shafi Muhammadi, Joint Liquidator (present).
Judgment & Decree
HAMID ALI MIRZA, J.‑‑‑This civil petition for leave to appeal is circumstances, consequently leave to appeal is refused and the petition is dismissed. Q.M.H./M‑239/S Petition dismissed.