| Case ID |
002afa58-9f92-4629-91de-9a802bc49221 |
| Body |
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| Case Number |
Writ Petition No. 11119 of 2010 |
| Decision Date |
Feb 19, 2013 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the pro note was not duly stamped as required under section 11 of the Stamp Act, 1899, rendering it inadmissible in evidence. However, the court noted that deficiency in stamp duty could be rectified according to law. The court directed the trial court to impound the pro note in accordance with section 61(2) of the Stamp Act within ten days from receiving the order. The decision emphasized the importance of collecting state revenue without depriving parties of their rights arising from instruments. The petition was disposed of with clear instructions for compliance. |
| Summary |
In the case of Liaqat Hussain Zia vs. Muhammad Din, the Lahore High Court addressed the issue of a promissory note that was not duly stamped, leading to its inadmissibility in court proceedings. The court highlighted provisions from the Stamp Act, 1899, particularly sections 35, 36, and 61, which govern the admissibility of instruments in evidence. The petitioner, Liaqat Hussain Zia, challenged the dismissal of his application to de-exhibit the pro note, arguing that it was not stamped as required by law. The court found that the pro note was indeed not stamped, but also noted that deficiencies in stamp duty could be rectified. This ruling underscores the balance between legal compliance and the protection of rights in financial instruments. The court ordered the trial court to impound the pro note and allowed the petitioner to affix the necessary stamps within a specified period. This case is significant in clarifying the application of stamp duty laws in civil proceedings and ensuring that procedural requirements do not unjustly deprive parties of their rights. Keywords: Stamp Act, 1899, Lahore High Court, promissory note, legal compliance, financial instruments, court rulings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUS SATTAR ASGHAR, J.
|
| Lawyers |
Umair Khan Niazi,
Malik Saleem Iqbal Awan
|
| Petitioners |
LIAQAT HUSSAIN ZIA
|
| Respondents |
MUHAMMAD DIN
|
| Citations |
2013 SLD 2237,
2013 PLD 277
|
| Other Citations |
Abul Hashem v. Serajul Haque and others PLD 1961 Dacca 596,
Muhammad Ashiq and another v. Niaz Ahmad and another PLD 2004 Lah. 95
|
| Laws Involved |
Stamp Act, of 1899,
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
35,
36,
61,
199,
O.XXXVII,Rr.1,2
|