| Case ID |
1730213b-6b17-4fb3-9c6c-be794684c3b6 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.915 of 2000 |
| Decision Date |
Apr 04, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to examine the contentions regarding the extension of the time to deposit 1/3rd of the sale price as mandated by the North-West Frontier Province Pre-emption Act. The Court noted that the Trial Court had exercised its discretion judiciously in allowing the late deposit due to the declared holiday and the petitioner's illness. The Supreme Court emphasized that the provisions of the Pre-emption Act should not be interpreted in a hyper-technical manner that would deny justice on procedural grounds. The case highlights the importance of judicial discretion and the need for courts to focus on the merits of the case rather than procedural intricacies. |
| Summary |
This case revolves around the legal principles governing pre-emption under the North-West Frontier Province Pre-emption Act, particularly focusing on the mandatory requirement of depositing 1/3rd of the sale price. The Supreme Court of Pakistan addressed the implications of the term 'shall' in the context of legal obligations, indicating that it could be interpreted as 'may' under certain circumstances, particularly when the delay in deposit was due to factors beyond the control of the pre-emptor. The Court upheld the importance of judicial discretion, allowing courts to extend deadlines when justified. The decision reiterates a commitment to ensuring that justice is served on substantive grounds rather than being hindered by procedural technicalities. This case is significant for legal practitioners in the field of property law and pre-emption rights, as it clarifies the court's stance on procedural flexibility in light of genuine circumstances. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
RANA BHAGWANDAS,
SARDAR MUHAMMAD RAZA KHAN
|
| Lawyers |
MUHAMMAD AKRAM SHEIKH, Advocate Supreme Court,
M.A. ZAIDI, Advocate-on-Record,
MUHAMMAD MUNIR PARACHA, Advocate Supreme Court
|
| Petitioners |
MUHAMMAD SULTAN
|
| Respondents |
MUHAMMAD ALI RAJA
|
| Citations |
2002 SLD 1318,
2002 SCMR 1108
|
| Other Citations |
Jahanzeb Khan v. Muhammad Iqbal 2000 SCMR.365,
Zulfiqar Ali v. Akhtar Islam PLD 1967 SC 418,
Qadir Bakhsh v. Nizam-ud-Din Khan 2001 SCMR 1091
|
| Laws Involved |
North-West Frontier Province Pre-emption Act,
Civil Procedure Code,
West Pakistan Urban Rent Restriction Ordinance,
Constitution of Pakistan
|
| Sections |
24(1),
24(2),
115,
148,
149,
13(6),
185(3)
|