| Case ID |
0934a02e-4b50-4bb9-9120-e73a244f97b1 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 1081 of 2000 |
| Decision Date |
Sep 14, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled on the matter involving the abatement of proceedings following the insertion of Section 2-A into the Service Tribunals Act, 1973. The Court determined that only the appeal pending at the time of the law's insertion had abated, while the decree passed prior to that date remained valid. The Court emphasized that the judgment and decree could not be rendered ineffective unless reversed or declared null by a competent authority. Thus, the execution application filed by the respondents was upheld, ensuring their rights were protected despite the abatement of the appeal. |
| Summary |
The case addressed the legal implications of the abatement of appeals following the amendment of the Service Tribunals Act, 1973. The Supreme Court of Pakistan evaluated the effects of inserting Section 2-A, which clarified the status of service under federal authorities. The Court concluded that while the appeal in question had abated, the original decree remained intact. This ruling underscored the importance of protecting vested rights in legal proceedings, particularly in matters involving civil servants and their entitlements. The decision serves as a precedent in understanding how legislative changes can influence ongoing cases and the rights of parties involved. Keywords such as 'Service Tribunals Act', 'abatement of proceedings', and 'Supreme Court of Pakistan' are essential for SEO optimization, ensuring visibility in legal discussions and searches. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
CIVIL AVIATION AUTHORITY,
Service Tribunals Act
|
| Judges |
Qazi Muhammad Farooq,
Javed Iqbal,
Hamid Ali Mirza
|
| Lawyers |
Fakhr-ud-Din G. Ebrahim,
M.S. Khattak,
Dr. A. Basit
|
| Petitioners |
3 others,
CIVIL AVIATION AUTHORITY
|
| Respondents |
144 others,
IZHAR AHMAD
|
| Citations |
2001 SLD 1325,
2001 SCMR 328
|
| Other Citations |
The State v. Dosso PLD 1958 SC (Pak.) 533,
Federation of Pakistan v. Muhammad Siddiq PLD 1981 SC 249,
Sardar Ali v. Muhammad Ali PLD 1988 SC 287,
M/s. Sui Southern Gas Company Limited v. Khawaja Muhammad Munir and another 2000 SCMR 702,
F.A. Khan v. Government of Pakistan PLD 1964 SC 520,
Wajid Ali v. Sayed Sajid Ali 1985 SCMR 401,
Allaf Din v. Mst. Parveen Akhtar PLD 1970 SC 75,
Muzaffar Ali v. Muhammad Shafi PLD 1981 SC 94,
Commissioner of Income-tax v. M/s. Farrukh Chemical Industries 1992 SCMR 523,
Glaxo Laboratories Limited v. Inspecting Assistant Commissioner of Income-tax PLD 1992 SC 549,
Zahiruddin v. Anjuman-e-Himayat-e-Islam 1989 MLD 480
|
| Laws Involved |
Service Tribunals Act, 1973
|
| Sections |
2-A,
6
|