Sindh Youth Lawyer's Forum Hyderabad Sindh

10/10/2025

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25/11/2023

2022 S C M R 1558

[Supreme Court of Pakistan]

Present: Qazi Faez Isa and Yahya Afridi, JJ

Syed KAUSAR ALI SHAH and others---Petitioners

Versus

Syed FARHAT HUSSAIN SHAH and others---Respondents

Civil Petitions Nos. 3041 and 3061 of 2018, decided on 18th April, 2022.

(Against the judgment dated 07.05.2018 of the Islamabad High Court, Islamabad passed in C.Rs. Nos. 117 and 147 of 2017)

(a) Islamic law---

----Inheritance---Limitation for challenging an inheritance mutation---Acquiescence by heir---Clear distinction was to be drawn between two sets of cases; first, cases in which an heir alleges that his/her rights to inheritance have been disregarded and his/her share not mentioned in the inheritance mutation, and second those cases in which such an heir sits idly by, does not challenge mutation entries of long standing, or acquiesces, and only comes forward when third party rights in the subject land have been created---To succeed in respect of the second category cases an heir must demonstrate that he/she was not aware of having been deprived, give cogent reasons for not challenging the property record of long standing, and show complicity between the buyer and the seller (the ostensible owner) or that the buyer knew of such heir's interest yet proceeded to acquire the land.

Grana v. Sahib Kamala Bibi PLD 2014 SC 167 and Intelligence Bureau Employees Cooperative Housing Society v. Shabbir Hussain 2022 SCMR 877 ref.

(b) Specific Relief Act (I of 1877)---

----Ss. 39 & 42---Suit for declaration and cancellation of inheritance mutation---Acquiescence, principle of---Legal heir allowing third party interest to be created in the property and only challenging the same belatedly---In the present case, courts below did not pay heed to the interest in the subject land created in a third party, that is, a property developer; and, also disregarded the fact that third party interest was created before the legal heir objected to the inheritance mutati

24/11/2023

PLJ 2023 Cr.C. 1070
[Lahore High Court, Lahore]

Present: Tariq Saleem Sheikh, J.

SHARAFAT ALI--Petitioner

versus

STATE etc.--Respondents

Crl. Misc. No. 10982/B of 2023, decided on 8.3.2023.

Pakistan Penal Code, 1860 (XLV of 1860)--

----S. 335--Itlaf-i-salahiyyat-i-udw--Section 335, PPC defines Itlaf-i-salahiyyat-i-udw as destruction or permanent impairment of functioning, power, or capacity of a person’s body organ--This offence is punishable u/S. 336, PPC. [P. 1072] A

Criminal Procedure Code, 1898 (V of 1898)--

----Ss. 497(2) & 498--Bail before arrest, dismissal of--Allegation of--Itlaf-i-Salahiyat-i-udw--It follows that teeth are not bones--Breaking of tooth constitutes Itlaf-i-salahiyyat-i-udw--This offence is punishable u/S. 336, PPC with Qisas, and if that is not executable under principles of equality enunciated by Islam, offender is liable to Arsh and may also be punished with imprisonment of either description for a term extending up to ten years as Ta’zir--Section 337-U, PPC sets out scale of Arsh for teeth--The Arsh for causing Itlaf of a tooth other than a milk tooth shall be equivalent to one-twentieth of Diyat--The impairment of portion of a tooth outside gum amounts to causing Itlaf of a tooth)--The Arsh for causing Itlaf of twenty or more teeth shall be equal to value of Diyat--Where Itlaf is of a milk tooth, offender is liable to Daman and may also be punished with imprisonment of either description for a term extending to one year--Where, however, Itlaf of a milk tooth impedes growth of a new tooth, offender is liable to Arsh equal to one-twentieth of Diyat--In cases of Itlaf-i-salahiyyat-i-udw, sections 332, 335, 336 and 337-U, PPC are to be read conjointly--Counsels contention that it merely attracts Section 337-U and offence is punishable with Arsh only is misconceived--It is meant to protect innocent people implicated in a criminal case for devious and ulterior motives--It cannot be granted unless accused meets conditions mentioned in

24/11/2023

🔶 IMPORTANT APPLICATIONS:

✍️1. Application for Temporary Injunction. (ORDER 39 Rules 1 & 2)

✍️2. Application for Rejection of pliant. (ORDER 7 Rules 11)

✍️3. Application for Return of pliant. (ORDER 7 Rules 10).

✍️4. Application for Amendment. (ORDER 6 Rules 16 & 17)

✍️5. Application for Appointment of Commission. (Section 75 & ORDER 26).

✍️6. Application for Appointment of Receiver. (ORDER 40)

✍️7. Application for Amendment of issues, or Framing Additional Issues. (ORDER 14 Rule 5).

✍️8. Application for production of a witness not mentioned in list of witnesses. (ORDER 16 Rule 1)

✍️9. Application for production of document. (ORDER 13).

✍️10. Application for Addition, deletion, or transposition of parties. (ORDER 1 Rule 10, sub-rule (2).

✍️11. Application for Stay of Suit, “Res-subjudice”. (Section 10).

✍️12. Application for Setting aside Exparte Proceedings and Exparte Decree. (ORDER 9 Rules 6 & 13).

✍️13. Application for Restoration of Suit. (ORDER 9 Rule 9).

✍️14. Application for Withdrawal of Suit, with or without permission to file fresh one. (ORDER 23).

✍️15. Application for permission to sue as a Pauper. (ORDER 33).

✍️16. Application for Review of Order/Judgment. (Section 114 and ORDER 47).

24/11/2023

2023 S C M R 572

Benami transaction---
----Essential characteristics of a benami transaction stated.

In a benami transaction, there are three persons involved - the seller, the real owner, and the ostensible owner or benamidar, and, in the ordinary course of human conduct, it encompasses two different contracts, one is the contract, express or implied, between the ostensible owner and the purchaser (real owner) and it specifically mentions two things. First, the real owner expresses his desire or compulsion (also called motive) and obtains permission from the ostensible owner (Benamidar) to purchase the property in his name after paying the consideration amount to the seller, and second, it talks about the consent of the ostensible owner (Benamidar) that whenever the real owner demands, he will be bound to transfer the property to him. The other is a contract between the ostensible owner (Benamidar) and the seller of the property. Both such contracts, though differ from each other in their legal character and incidents, but complement each other to establish benami transaction, and thus, in cases of such transaction, the plaintiff must first state them, in detail, in his plaint, and then prove them by legal testimony, and failure to do so is fatal.

2023 S C M R 572

Benami transaction---
----Proof---Burden of proof---Evidentiary requirements for proving a benami transaction stated.

The case of benami dispute is not one in which the authenticity of the document is in question, but in such cases the ex*****on of the document is an admitted fact and the seeker only intends rectification of the document and wants that in it the name of the Benamidar be delated and instead his name be written. For such purposes not only direct oral evidence but also circumstances and surroundings of the case have to be considered. The burden of proof lies heavily on the person who claims against the tenor of the document or deed to show that the ostensible vendee (owner

13/08/2022

2022 SCMR 1555

It is now established beyond any doubt that benefit of doubt can be extended even at preliminary stage i.e. bail & suspension of sentence

05/03/2022

2022 S C M R 399

[Supreme Court of Pakistan]

Present: Qazi Faez Isa and Yahya Afridi, JJ

ABDUL REHMAN and others---Appellants

Versus

Mst. ALLAH WASAI and others---Respondents

Civil Appeal No. 1002 of 2015, decided on 11th January, 2022.

(Against the judgment dated 24.06.2015 passed by Lahore High Court, Multan Bench, in C.R. No. 1021-D of 2011)

(a) Islamic law---

----Inheritance---Sect of deceased---Principles and presumption as to the sect of a deceased Muslim stated.

Every Muslim in the sub-continent was presumed to belong to Sunni sect, unless "good evidence" to the contrary is produced by the party contesting the same. The judicial determination of whether the said presumption of faith of a party, holds or positively stands rebutted, would be adjudged on the principle of preponderance of evidence produced by the parties. No strict criteria can be set to determine the faith of a person, and thus, to pass any finding thereon, the Courts are to consider the surrounding circumstances; way of life, parental faith and faith of other close relatives.

Pathana v. Mst. Wasai and another PLD 1965 SC 134; Muhammad Bashir v. Mst. Latifa Bibi 2010 SCMR 1915; Chanani Begum v. Qamar Sultan 2020 SCMR 254 and Shahzado Shah v. M. Sardaro 2004 SCMR 1738 ref.

(b) Islamic law---

----Inheritance---Dispute between sisters and mother of deceased over his faith/sect---When the impugned inheritance mutation was initially entered and sanctioned (in favour of the deceased's mother), she did not claim that her son (deceased-son) was a Shia Muslim; it was only after the impugned inheritance mutation was set aside, and the matter was remanded by the Collector for afresh decision that she, for the first time, took the stance that her son, belonged to Shia sect---Moreover, the mother was not a credible witness, as her deposition that her husband, father of deceased, was a Shia Muslim was belied by the inheritance mutation of her husband--

15/01/2022

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01/01/2022

Happy New Year to all of you. We hope this year will bring lot of happiness and prosperity in our lives.

22/12/2021