| Case ID |
0ab39b3c-a3ad-44c5-b2d5-1ff30b0ffbd3 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.1385 of 2006 |
| Decision Date |
Mar 06, 2014 |
| Hearing Date |
Mar 06, 2014 |
| Decision |
The Supreme Court of Pakistan allowed the appeal, concluding that the day on which the court order to deposit zar-e-soem was issued should be excluded from the 30-day period stipulated by the Punjab Pre-emption Act. The court held that the deposit made by the appellant on 9-8-1994 was within the required timeframe, thus overturning the previous decisions that dismissed the suit for non-compliance. The case was remanded to the Trial Court for further proceedings consistent with this ruling. |
| Summary |
In the case of Civil Appeal No.1385 of 2006, the Supreme Court of Pakistan addressed the interpretation of the Punjab Pre-emption Act, specifically regarding the timing of deposits required for pre-emption suits. The court ruled that the day an order requiring a deposit is issued should be excluded from the calculation of the required 30-day period for making that deposit. The decision clarified the application of the law and emphasized the importance of proper statutory interpretation, particularly in relation to the West Pakistan General Clauses Act. The court's ruling reinstated the appellant's position, allowing the appeal and directing the lower court to reconsider the case in light of the clarified legal standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR,
EJAZ AFZAL KHAN
|
| Lawyers |
Noman Hakam Qureshi,
Aslam Ghuman
|
| Petitioners |
RAJA
|
| Respondents |
others,
TANVEER RIAZ
|
| Citations |
2014 SLD 1494,
2014 PLD 466
|
| Other Citations |
Muhammad Aziz v. Akhtarain Begum 2004 SCMR 1709,
Fazal Elahi v. Noor Ahmed and 2 others PLD 2006 Lah. 318,
Hasnain Nawaz Khan v. Ghulam Akbar and another PLD 2013 SC 489,
Imran Ahmed and another v. The District Judge, Dera Ghazi Khan and 2 others 2003 CLC 1597,
Ghulam Muhammad v. Ghulam Hussain alias Hussain 2001 YLR 2343,
Muhammad Zubair and another v. Saleh Muhammad and 2 others 1993 CLC 1047,
Sher Muhammad and 6 others v. Gul Faraz 1989 CLC 1344,
Rehmat Elahi v. Messrs Hoyo Bakushiki Kaisha PLD 1992 SC 417,
Mian Muhammad Talha Adil v. Mian Muhammad Lutfi 2005 SCMR 720,
Muhammad Arshad v. Rafi Ahmad and 5 others 2007 CLC 1621,
Messrs Malik Muhammad Nawaz, Haji Aziz Ahmad v. Syed Mehmood Hussain 1997 SCMR 264
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991),
West Pakistan General Clauses Act (VI of 1956)
|
| Sections |
24(1),
24(2),
8
|