| Case ID |
02cf6077-3b69-4532-beda-b8d00f1844cc |
| Body |
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| Case Number |
Civil Appeal No.516 of 2020 |
| Decision Date |
Nov 09, 2021 |
| Hearing Date |
Nov 08, 2021 |
| Decision |
The appeal was dismissed as it was found to be time barred by 15 days. The court emphasized that the appellant failed to satisfactorily explain the delay in filing the appeal, which is a crucial requirement under the law. The court reiterated the principle that knowledge of the counsel is considered knowledge of the client, and hence the delay in informing the appellant of the judgment was not a valid reason for condoning the delay. The court also concluded that the appeal was not maintainable as the High Court had neither varied nor set aside the decree of the trial court. |
| Summary |
In the case of Alhaj Sardar MANZOOR HUSSAIN KHAN vs. Mst. LAILA ASHIQ and others, the Supreme Court of Azad Jammu and Kashmir addressed the issue of appeal timelines under the Azad Jammu and Kashmir Interim Constitution Act, 1974. The appellant sought to challenge a decision made by the High Court, which had dismissed his appeal against a previous decree. The court underscored the necessity for appellants to explain delays in lodging appeals, especially when such delays exceed the prescribed limitation period. The ruling clarified that the knowledge of a lawyer is deemed to be the knowledge of the client, reinforcing the importance of timely communication from legal representatives to their clients. This case highlights critical legal principles regarding the timely filing of appeals and the responsibilities of both clients and their counsel. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
RAJA SAEED AKRAM KHAN CJ,
KH. MUHAMMAD NASIM, J
|
| Lawyers |
Nasir Masood Mughal, Advocate for Appellant,
Sardar M.R. Khan, Advocate for Respondents
|
| Petitioners |
Alhaj Sardar MANZOOR HUSSAIN KHAN
|
| Respondents |
3 others,
Mst. LAILA ASHIQ
|
| Citations |
2023 SLD 185,
2023 CLC 169
|
| Other Citations |
Chairman Azad Jammu and Kashmir Council v. Abdul Latif and 5 others 1997 MLD 2926,
Faiz Akbar v. Mst. Nasim Begum and 8 others 2003 YLR 2729,
Dr. Muhammad Iqbal Qureshi v. Azad Government and others 1993 SCR 111,
Azad Government and 3 others v. Muhammad Reshim Khan and 38 others (Civil Appeal No.236 of 2015),
WAPDA and others v. Taj Begum and others 2014 YLR 2649
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
42
|