| Case ID |
142e6f2d-2d42-45d7-8e51-23eceac6c57f |
| Body |
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| Case Number |
Civil Petition No. 831 of 1985 |
| Decision Date |
Oct 11, 1988 |
| Hearing Date |
Oct 11, 1988 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the Lahore High Court's decision, affirming that the respondent's late deposit of the pre-emption amount was rectified by the court. The argument that the suit should have been dismissed due to the incomplete deposit was rejected. The court noted that the respondent was granted time to deposit the remaining amount, and that the execution of the decree was valid despite the timing of the deposit. |
| Summary |
This case revolves around the interpretation of pre-emption laws under the Punjab Pre-emption Act and the Constitution of Pakistan. The Supreme Court upheld the lower court's decision, emphasizing the importance of adhering to legal procedures for deposits in pre-emption cases. The ruling clarified that late deposits can be rectified by the court, ensuring that procedural technicalities do not undermine the substantive justice. This case highlights the balance between legal formalism and the pursuit of justice, making it significant in the context of property law and pre-emption rights in Pakistan. The court's decision serves as a precedent for future cases involving similar circumstances, reiterating the importance of timely legal representation and the role of the judiciary in interpreting statutory provisions. This ruling is particularly relevant for lawyers and advocates working in property law, as it sheds light on the critical aspects of pre-emption cases and the implications of deposit deadlines. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
Ch. Ghulam Mujtaba,
Sardar Sami Hayat
|
| Petitioners |
others,
MUHAMMAD SHER
|
| Respondents |
Malik MUHAMMAD ANWAR KHAN TIWANA
|
| Citations |
1989 SLD 329,
1989 SCMR 90,
1989 SLD 883
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Punjab Pre-emption Act (I of 1913)
|
| Sections |
185(3),
15,
22
|