| Case ID |
14a00b1e-f284-405d-9849-9ffbf1311385 |
| Body |
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| Case Number |
Civil P.L.A. No.219 of 2002 |
| Decision Date |
Dec 09, 2002 |
| Hearing Date |
Dec 09, 2002 |
| Decision |
The petition for leave to appeal was dismissed due to being barred by limitation. The petitioner failed to provide any explanation for the two-day delay in filing the petition after the Service Tribunal's decision was made. The court emphasized that any delay, even one day, must be adequately explained, and the absence of a request for condonation of delay led to the dismissal of the petition. The court reiterated previous rulings which established that delay in legal proceedings must be justified to maintain the integrity of the judicial process. |
| Summary |
In the case of Civil P.L.A. No.219 of 2002 decided by the Supreme Court of Azad Jammu and Kashmir, the petitioner sought leave to appeal against a decision made by the Service Tribunal. The central issue was the limitation period for filing the appeal, which was found to be exceeded by two days without any justification from the petitioner. This case highlights the strict adherence to procedural timelines in legal proceedings, emphasizing that any delay must be explained satisfactorily. The court's decision reflects the importance of compliance with legal timeframes to ensure fair and timely justice. This ruling reinforces the necessity for petitioners to be diligent in their appeals to avoid dismissal due to technical grounds. Keywords such as 'legal proceedings', 'limitation period', 'appeal', 'Supreme Court', and 'judicial process' are crucial for understanding the implications of this case and its relevance to future legal matters. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
|
| Judges |
MUHAMMAD YUNUS SURAKHVI, CJ,
Kh. SIAB KHALID
|
| Lawyers |
Ashfaque Hussain Kiani
|
| Petitioners |
|
| Respondents |
5 others,
SECRETARY, FORESTS
|
| Citations |
2004 SLD 1647,
2004 PLC 1011
|
| Other Citations |
Mehboob and another v. Muzaffar Din 1992 SCR 338,
Azad Government of the State of Jammu and Kashmir through its Chief Secretary v. Ch. Muhammad Latif PLD 1983 SC (AJ&K) 70,
Havaldar Retd. Ali Hassain Khan and others v. Muhammad Suleman Khan and others Civil P.L.A. No.215 of 2002,
Vice Chancellor and others v. Raja Fazal Hussain Rabbani 2002 MLD 1209
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
42(12)
|