| Case ID |
0233081a-5b21-4f27-8c54-1989d8dfadd9 |
| Body |
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| Case Number |
Civil Petition No.270 of 2001 |
| Decision Date |
Jan 10, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal filed by Muhammad Nawaz against the judgment dated October 21, 2000, from the Federal Service Tribunal, Quetta. The petition was barred by 23 days, and the request for condonation of delay was rejected. The Court emphasized that the Tribunal had sent the certified copy of the judgment to the petitioner, and as per the endorsement, it was sent under registered cover. The presumption of service under section 27 of the General Clauses Act, 1897, indicated that the petitioner had received the judgment. Consequently, the arguments presented by the petitioner's counsel for delay were found legally unacceptable, leading to the dismissal of the petition. |
| Summary |
This case revolves around the appeal filed by Muhammad Nawaz against the Federal Service Tribunal's decision which dismissed his service appeal regarding a delay in filing a petition. The Supreme Court of Pakistan ruled that the Tribunal had adhered to the procedural requirements by sending the judgment's certified copy to the petitioner. The Court highlighted the legal presumption of service under the General Clauses Act, which states that service is considered effective if sent through registered mail. The petitioner failed to prove that he had not received the judgment, resulting in the dismissal of his petition for being time-barred. The ruling reinforces the importance of procedural compliance and the burden of proof on the petitioner in cases of delay. Legal practitioners should take note of the implications of this decision for future cases involving procedural disputes in service matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
NATIONAL BANK OF PAKISTAN
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
HAMID ALI MIRZA,
TANVIR AHMED KHAN
|
| Lawyers |
Muhammad Aslam Uns,
M.A. Zaidi
|
| Petitioners |
MUHAMMAD NAWAZ
|
| Respondents |
PRESIDENT, NATIONAL BANK OF PAKISTAN and others
|
| Citations |
2002 SLD 1285,
2002 SCMR 939
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Service Tribunals (Procedure) Rules, 1974,
Supreme Court Rules, 1980,
General Clauses Act (X of 1897),
Constitution of Pakistan (1973)
|
| Sections |
4,
21,
O.XIII, R.1,
27,
Art.212(3)
|