Islamic Law and the Law of Armed Conflict: The Armed Conflict in Pakistan.Shah, Niaz pdf

Late Muhammad Naseem through Legal Heirs and anotherâ€ (2001 SCMR 345).Īs per contents of the decree sheet, respondent Fazal Shah has never been declared to be exclusive owner of any specific khasra number in explicit terms rather certain mutations were mentioned in the decree sheet with specification of the date its attestation, therefore, for determination of the lis in hand, it shall be seenas to whether the possession of the property, which is the subject matter of the instant suit, was physically/actually transferred to the respondent/decree-holder and whether the actual possession from joint ownership could be transferred in favour of the decree holder? Firstly, the decree sheet and the description of the property mentioned in the warrant of possession are not in consonance with each other. Majeedan through Legal Heirs and another Vs. It is by now settled that the question of title either of the plaintiff or defendant cannot be raised or gone into in order to seek relief u/s 9 ibid. The suit is to be brought within a period of six months from the date of dispossession. Such dispossession should be without consent and should be otherwise in due course of law and Such dispossession must be of immovable property The person suing must have been dispossessed The prerequisites of section 9 ibid are that: Â€œSuit under section 9 of Specific Relief Act 1877:Under the provisions of section 9 of the Act of 1877, if any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him, may by suit recover possession thereof, notwithstanding any other title that may be set up in such suit. 1176-P of 2022 Gul Hussain Vs Fazal Shah etc There is nothing on record to show that the vehicle belongs to the petitioner, rather as per contents of FIR, he was seated in the vehicle on front seat and it is yet to be established during trial that the petitioner had conscious knowledge of the presence of narcotics in the concealed cavities of the vehicle.

Section 497- Bail of grant- Pakistan Penal Code-9(D) and 17 KP CNSA, petitioner was not driver of the vehicle nor any connection of the petitioner with the main accused Imtiaz Ahmad has yet been established.

Islamic Law and the Law of Armed Conflict: The Armed Conflict in Pakistan.Shah, Niaz pdf