| Case ID |
042a055a-72d5-4ff5-91b9-b9392234cd6a |
| Body |
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| Case Number |
FAOs Nos. 216 to 219 of 2016 |
| Decision Date |
Apr 25, 2016 |
| Hearing Date |
Apr 25, 2016 |
| Decision |
The Lahore High Court allowed the appeal and set aside the impugned order dated 15.03.2016. The court held that the executing court cannot go beyond the decree and cannot modify the decree if no award for compound interest was included in the original decree. The court emphasized that the executing court must compute the amount based on the terms of the decree and cannot grant relief not awarded in the judgment. The decision clarifies the scope of execution proceedings under the Civil Procedure Code and the Land Acquisition Act, highlighting that statutory interests are to be calculated independently and are part of the decree. |
| Summary |
This case involves the Lahore High Court's decision regarding the execution of a decree related to land acquisition compensation. The court addressed key issues concerning the execution of orders under the Civil Procedure Code and the Land Acquisition Act. The case revolves around the claim for compound interest and compulsory acquisition charges. The court clarified that the executing court is bound by the original decree's terms and cannot modify it or grant additional relief. This ruling reinforces the legal principles governing the execution of decrees, ensuring that the rights of the parties are respected according to the law. The decision underlines the importance of adhering to statutory provisions and the finality of decrees in the context of land acquisition, impacting future cases in this domain. |
| Court |
Lahore High Court
|
| Entities Involved |
BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, GUJRANWALA,
|
| Judges |
MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE
|
| Lawyers |
Ali Masood Hayat for Appellant,
Asjad Saeed and Muhammad Jehangir Asif for respondents
|
| Petitioners |
BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, GUJRANWALA THROUGH CHAIRMAN
|
| Respondents |
,
SARDAR ASGHAR ALI THROUGH L.RS.
|
| Citations |
2017 SLD 1978,
2017 CLC 831
|
| Other Citations |
Sardar Ahmed Yar Khan Jogezai and 2 others v. Province of Balochistan through Secretary, C&W Department 2002 SCMR 122,
Sheikh Muhammad Ilyas Ahmed and others v. Pakistan through Secretary Ministry of Defence, Islamabad and others PLD 2016 SC 64,
Hafeez Ahmad and others v. Civil Judge, Lahore and others PLD 2012 SC 400,
Jane Margrete William v. Abdul Hamid Mian 1994 SCMR 1555,
Fakir Abdullah and others v. Government of Sindh through Secretary to Government of Sindh, Revenue Department, Sindh Secretariat, Karachi and others PLD 2001 SC 131,
Hameed Akhtar Niazi v. The Secretary, Establishment Division, Government of Pakistan and others 1996 SCMR 1185,
Government of Punjab, through Secretary Education, Civil Secretariat, Lahore and others v. Sameena Parveen and others 2009 SCMR 1,
Islamic Republic of Pakistan v. Muhammad Saeed PLD 1961 SC 192,
Ch. Ahmed Nawaz v. Province of Punjab through Land Acquisition Collector, Jhelum and others 2015 SCMR 823,
Sindh High Court Bar Association through its Secretary and another v. Federation of Pakistan through Secretary, Ministry of Law and Justice, Islamabad and others PLD 2009 SC 879,
Sh. Ghulam Mohammad and another v. The Bank of Bahawalpur Ltd. and 21 others 1971 SCMR 148,
Wasal Khan and others v. Dr. Niaz Ali Khan 2016 SCMR 40,
Mst. Nasreen Zahra and others v. Multan Development Authority, Multan and others 2015 SCMR 1440,
Land Acquisition Collector and 6 others v. Muhammad Nawaz and 6 others PLD 2010 SC 745,
Syed Saadi Jafri Zainabi v. Land Acquisition Collector and Assistant Commissioner PLD 1992 SC 472 distinguished,
Irshad Masih and others v. Emmanuel Masih and others 2014 SCMR 1481,
Abdul Habib v. Fazal Muhammad and 2 others 2012 MLD 1856,
Province of Punjab through Collector, Bahawalpur v. Ghulam Rasool and others 1990 SCMR 1106,
Allah Ditta v. Ahmed Ali Shah and others 2003 SCMR 1202,
Muhammad Tariq Khan v. Khawaja Muhammad Jawad Asami and others 2007 SCMR 818,
Tauqeer Ahmad Qureshi v. Additional District Judge, Lahore and 2 others PLD 2009 SC 760,
Habib Bank Limited through Authorized Attorneys v. Pak Poly Products (Pvt.) Ltd. and 3 others 2013 CLD 1661,
Government of Khyber Pakhtunkhwa and others v. Mst. Zubaida 2013 YLR 372
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Land Acquisition Act, 1894
|
| Sections |
47,
18,
28(2)
|