| Case ID |
037c0c6b-e756-4112-9772-9e74fbe8dcad |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 464 |
| Decision Date |
Mar 02, 1976 |
| Hearing Date |
|
| Decision |
The petition was dismissed on the grounds that the fitness certificate for an appeal could only be granted by the Judge who had dismissed the original appeal. The petitioner had lost this right upon the retirement of Mr. Justice Ortcheson, who had previously dismissed the appeal. The Chief Justice's interpretation of Clause 10 of the Letters Patent was upheld, confirming that the certificate could not be issued by another judge. This decision emphasized the strict adherence to procedural rules and the importance of following the established legal framework, thereby affecting the petitioner's ability to pursue further legal recourse. |
| Summary |
The case revolves around the procedural aspects of filing a Letters Patent Appeal in the Lahore High Court. The petitioner, Mst. Sarwar Sultana, sought to challenge a decision made by the District Judge of Campbellpur, which was initially dismissed by Mr. Justice Ortcheson. Upon the judge's retirement, the petitioner applied for a fitness certificate to appeal, but this application was dismissed by the Chief Justice on grounds that only the original judge could grant such a certificate. The Supreme Court upheld this decision, ruling that the strict interpretation of the law must be followed, thereby denying the petitioner's request. This case highlights the complexities of legal procedures and the challenges faced by litigants in navigating the judicial system. Keywords: Letters Patent Appeal, Supreme Court, procedural law, fitness certificate, legal challenges. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AKRAM,
DORAB PATEL
|
| Lawyers |
Muhammad Ismail, Advocate Supreme Court,
Abdul Karim, Advocate-on-Record
|
| Petitioners |
Mst. SARWAR SULTANA
|
| Respondents |
MUHAMMAD NAWAZ,
OTHERS
|
| Citations |
1982 SLD 339,
1982 SCMR 460
|
| Other Citations |
Not available
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| Laws Involved |
Not available
|
| Sections |
Not available
|