| Case ID |
052e1140-13b4-4338-a7e1-60af16a88385 |
| Body |
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| Case Number |
Civil Appeal No. 1479 of 1999 |
| Decision Date |
Mar 19, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal, stating that the Government cannot be treated differently than an ordinary litigant when seeking condonation of delay under the Limitation Act, 1908. The Court emphasized that each case's peculiarities must be considered and that the appellants failed to establish a sufficient cause for the 7-day delay in filing their appeal. The judgment reinforced the principle that time-barred claims must be dismissed regardless of any alleged merits if they do not comply with the statutory requirements. |
| Summary |
This case revolves around the issue of delay in filing a civil appeal related to land acquisition. The Supreme Court of Pakistan reiterated the importance of adhering to the Limitation Act, which governs the timelines for legal proceedings. The decision highlighted that the Government's status does not exempt it from the same scrutiny applied to ordinary litigants concerning delays. The ruling serves as a precedent for future cases, emphasizing that the courts must dismiss applications that do not meet the time limits set forth in the law, regardless of the merits of the case. The Court's ruling is significant in ensuring that all parties, including governmental entities, are held to the same standards in legal proceedings. This case underscores the principles of justice and fairness in the legal system, ensuring that all litigants are treated equally under the law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
WAPDA,
Peshawar High Court
|
| Judges |
CH. MUHAMMAD ARIF,
SYED DEEDAR HUSSAIN SHAH
|
| Lawyers |
Sadat Hussain,
Imtiaz Muhammad Khan
|
| Petitioners |
COLLECTOR, LAND ACQUISITION, CHASHMA RIGHT BANK CANAL PROJECT, WAPDA, D.I. KHAN
|
| Respondents |
GHULAM SADIQ
|
| Citations |
2002 SLD 1220,
2002 SCMR 677
|
| Other Citations |
Lahore High Court, Lahore through Registrar v. Nazar Muhammad Fatiana and others 1998 SCMR 2376,
Pakistan through Secretary, Ministry of Defence v. Messrs Azhar Brothers Limited 1990 SCMR 1059,
Commissioner of Income-tax v. Rais Pir Ahmad Khan 1981 SCMR 27,
Government of Balochistan through Secretary/Member, Board of Revenue and another v. Ghulam Muhammad and 4 others 2001 SCMR 19
|
| Laws Involved |
Limitation Act (IX of 1908),
Land Acquisition Act (I of 1894)
|
| Sections |
S.3,
S.5,
S.54
|