Ownership
Ownership legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Document of electricity connection was at best a document that would entitle the department to recover the bill from the occupants and can never be taken to be the evidence of ownership of premises.
Mineral, oil and natural gas produced in any province, under the provisions of Arts.158 and 172 of the Constitution, vest in the province producing it and the Federal Government, jointly and equally.
Mineral, oil and natural gas produced in any province, under the provisions of Arts.158 and 172 of the Constitution, vest in the province producing it and the Federal Government, jointly and equally.
Petitioner produced registration book of the vehicle and produced three letters issued by Pakistan Coast Guards showing purchase of the same in auction
Validity
Merely filing of registration book without showing payment of consideration to Pakistan Coast Guard did not itself constitute a valid document of ownership of vehicle
Any transaction of sale had to be fully supported by further documents more particularly of payment of consideration amount to Pakistan Coast Guards from whom the vehicle was said to have been purchased
In absence of challan showing depositing of consideration amount of vehicle, its mere registration did not constitute valid ownership of the vehicle
Pakistan Coast Guards denied having sold or auctioned vehicle in question and labelled the letters relied upon by petitioner as forged and fabricated
Petitioner did not file any counter/rejoinder affidavit to such stand of Pakistan Coast Guards
Plea of customs authorities that the vehicle was a smuggled one also remained Undisputed, therefore, the vehicle was not bona fide owned or purchased by petitioner
Vehicle in question was smuggled one, therefore, Customs authorities were justified in confiscating and impounding the same
Customs authorities issued notice under S.171 of Customs Act, 1969, but petitioner avoided to receive the same
High Court declined to interfere in the order passed by Customs authorities
Petition was dismissed in circumstances.
Suit property was owned by defendant company and plaintiffs claimed to be owners of the same on the ground that their predecessor-in-interest held majority shareholding in the company
Validity
Company was separate legal entity and its assets and properties belonged to it and not to its shareholders
What deceased held and owned in company was the shareholding that stood in his name and the same did not mean that he owned assets of the company including property in question
Plaintiff could not lay claim to the shareholding of deceased in the company
Plaintiffs did not have any right or interest in any of the assets of the company including suit property
For a plaintiff to successfully maintain application for interim injunctive relief, all three ingredients necessary for such relief must be found to exist in plaintiffs favour
Plaintiff must firstly establish a prima fade case and the same must always be examined in the context of the application under consideration
Plaintiff must show that he had a prima fade case for the grant of relief that he was seeking
Property in question was the only income generating asset of the company and it was not the plaintiff but the company which might suffer irreparable loss and injury, if the application was allowed since that would in effect deprive the company of its sole source of income
Plaintiffs were not entitled to interim relief
Application was dismissed in circumstances.
Person can be treated as an owner of a property even though he has no- possession over it provided other incidents of ownership are complete i.e. title etc.
Mere payment of the bills in his name by occupant does not make him owner of the property.
Concept of ownership was not confined to proprietary rights but same would embrace such various rights - as leasehold rights, mortgagee rights, easement rights etc.
Record of Excise and Taxation could not of its own be conclusive proof of ownership for such record was basically made for fiscal purposes and could not be substituted for proving ownership of landed property.
Documents relating to Excise and Taxation Survey, electric connection and sale agreement, were taken by Courts to be proof of ownership of structure on plot in dispute
Documents relating to Excise and Taxation Department, were at best the documents that could entitle department to recover their taxes from occupants, but could never be taken to be the evidence of ownership of a premises.
Woman/ wife has a right to own and enjoy property independent of a similar right of her male relations living under the same roof, whether he is a husband, brother, son or father, not to speak of others.
Merely because a village is named after a family no inference can be drawn that village with all its lands was owned by such family.
Attributes of ownership of corporeal property.
Ownership Whether could be inferred by frequent and positive numerous acts within living memory.
"Ownership", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/3218
Precedents & Case Laws citing "Ownership"
2013 C L D 1071
Show Cause Notice No.S.M(B.O.)C.O.222/18(1264)90, dated 5-9-2012
Court: Securities and Exchange Commission of Pakistan2002 C L C 571
SHAHJEHAN KHAN and others‑‑‑Appellants Versus MUHAMMAD TARIQ and others‑-‑Respondents
Court: Karachi2022 S C M R 1428
GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Home and TAs and others — Appellants Versus NOORANI GUL through LRs — Respondents
Court: Supreme Court of Pakistan1997 C L C 59
MAULA DAD KHAN and others‑‑‑Petitioners Versus THE PROVINCIAL GOVERNMENT OF THE PUNJAB and others‑‑‑Respondents
Court: LahoreP L D 2017 Lahore 289
INDEPENDENT NEWSPAPERS CORPORATION (PVT) LTD and others — Petitioners Versus FEDERATION OF PAKISTAN and others — Respondents
Court: High Court2021 C L C 657
MUHAMMAD LATIF KHAN (DECEASED) through Legal Heirs — Petitioner Versus BARKATULLAH (DECEASED) through Legal Heirs and others — Respondent
Court: Lahore (Multan Bench)2025 C L D 903
UNITED INSURANCE COMPANY LIMITED — Appellant Versus The DIRECTOR/HOD, ADJUDICATION-I, ADJUDICATION DIVISION, SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN, ISLAMABAD — Respondent
Court: Securities and Exchange Commission of PakistanP L D 2006 Lahore 4
KHUDA BAKHSH and another — Petitioners Versus GUL HUSSAIN and 7 others — Respondents
Court: High Court2011 Y L R 1164
MUHAMMAD HUSSAIN — Petitioner Versus GUL SHAH and 14 others — Respondents
Court: Peshawar2015 C L D 1400
CEPHALON FRANCE — Appellant Versus HIMONT PHARMACEUTICALS — Respondent
Court: Lahore