| Case ID |
0a18848c-7871-43eb-a74a-d9945082258b |
| Body |
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| Case Number |
Criminal Appeals Nos. 506, 507 and 508 of 2005 |
| Decision Date |
Apr 22, 2009 |
| Hearing Date |
Apr 22, 2009 |
| Decision |
The Supreme Court of Pakistan accepted the appeals to the extent that the observations made by the High Court regarding the scale of license fee were set aside. The Court held that the High Court acted beyond its jurisdiction by determining the rate of license fee in appeals against acquittal, which should have been left for examination by the concerned authority. The decision emphasized the distinction between penal liability and fiscal liability, stating that the High Court's observations had no direct relevance to the criminal matters before them. The Court concluded that the High Court should not have ventured into matters not directly arising from the case and reiterated the importance of adhering to the statutory parameters governing the proceedings. |
| Summary |
In the case of Criminal Appeals Nos. 506, 507, and 508 of 2005, the Supreme Court of Pakistan dealt with significant legal questions arising from the appeals filed by A.R. Awan and others against the City District Government of Karachi. The case revolved around the authority of the High Court to determine the scale of license fees in appeals against acquittal under the Sindh Local Government Ordinance, 1979. The Supreme Court found that the High Court had overstepped its jurisdiction, as the determination of the license fee should be left to the concerned authorities. This ruling underscores the principle that courts should only decide on matters directly arising from the facts of the case and should not express hypothetical opinions that may complicate future cases. The Supreme Court's decision is vital for maintaining the boundaries of judicial authority and ensuring that fiscal matters are handled by the appropriate government bodies. This judgment reinforces the need for courts to operate within the limits of their jurisdiction, particularly in cases involving administrative and fiscal responsibilities. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Karachi Metropolitan Corporation
|
| Judges |
JAVED IQBAL,
NASIR-UL-MULK,
SAYED ZAHID HUSSAIN
|
| Lawyers |
Hafeez Lakho, Advocate Supreme Court for Appellants,
Manzoor Ahmad, Advocate Supreme Court for Respondent No.1,
Saleem Akhtar, Additional P.G. Sindh for Respondent No.2
|
| Petitioners |
A.R. AWAN and 2 others
|
| Respondents |
CITY DISTRICT GOVERNMENT, Karachi High Court and another
|
| Citations |
2011 SLD 2074,
2011 SCMR 691
|
| Other Citations |
C.P. No. D-49 of 1982,
F.B. Ali v. State PLD 1975 SC 506
|
| Laws Involved |
Sindh Local Government Ordinance, 1979,
Constitution of Pakistan,
Code of Criminal Procedure (Cr.P.C.)
|
| Sections |
100(2),
64,
Art. 185(3),
417(2),
423
|