| Case ID |
0ffa5f60-26c8-4413-b94e-469c511a48c1 |
| Body |
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| Case Number |
Civil Appeals Nos. K-35 and K-36 of 1965 |
| Decision Date |
May 12, 1969 |
| Hearing Date |
May 12, 1969 |
| Decision |
The Supreme Court of Pakistan allowed the appeals of the appellants, reversing the lower court's decision regarding the claims for interest and costs. The court found that the appellants were entitled to interest from the date of the demand notice until the payment was made. The amounts decreed were Rs. 16,942.57 in Civil Appeal No. K-35 of 1965 and Rs. 14,516.42 in Civil Appeal No. K-36 of 1965, along with costs. The court emphasized that there was no justification for disallowing the interest claims, thus ensuring that the appellants received fair compensation for the wrongful detention of their money. |
| Summary |
In the landmark case of Civil Appeals Nos. K-35 and K-36 of 1965, the Supreme Court of Pakistan addressed important issues regarding the entitlement to interest under the Civil Procedure Code and the Interests Act. The appellants, who were contractors, sought recovery for damages due to breach of contract from the Province of West Pakistan. The lower court had dismissed their claims on the grounds of limitation, but the Letters Patent Bench reversed this decision, affirming that the suits were indeed filed within the appropriate timeframe. The Supreme Court's ruling clarified the application of interest provisions, asserting that the appellants were entitled to interest from the date they served a demand notice. This case serves as a significant precedent regarding the calculation of interest and the rights of parties in contractual disputes. Keywords: Supreme Court, Civil Procedure Code, Interests Act, contractual disputes, interest claims, legal precedent. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Construction Co.,
Province of Sind
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD YAQUB ALI,
ABDUS SATTAR,
M. R. KHAN
|
| Lawyers |
P. D. Ramchandani,
S. M. Nurul Hassan
|
| Petitioners |
another,
ARIF ALI SHAH
|
| Respondents |
PROVINCE OF WEST PAKISTAN
|
| Citations |
1969 SLD 308,
1969 SCMR 690
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Interests Act (XXXII of 1939)
|
| Sections |
34,
35(3),
34
|