| Case ID |
1ede1cfb-b076-4a31-955f-6c661da338c4 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. K 1 |
| Decision Date |
Sep 16, 1974 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal on the grounds that the points argued by the petitioner's counsel needed examination. The case revolved around a construction contract and the disputes regarding extra payments claimed by the respondent that were not covered by the original contract schedule. The court recognized the need to assess whether the extra items claimed were indeed subject to arbitration and whether the costs awarded were justified based on scheduled rates versus special rates. |
| Summary |
In this pivotal case, the Supreme Court of Pakistan addressed critical issues surrounding arbitration in construction contracts. The petitioner, the Republic of Pakistan, contested an award given to Messrs Hamid Construction Co. concerning extra work performed that deviated from the agreed specifications. The court's decision focused on the interpretation of the arbitration clause in the contract and the legitimacy of the extra payments claimed. The case highlighted the importance of clear contractual terms in construction agreements and set a precedent for future arbitration disputes. Keywords such as 'arbitration law', 'construction contracts', and 'dispute resolution' are essential for understanding the legal landscape shaped by this decision. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Fouji Sugar Mill,
Mr. Riazul Haq,
Vasif Hussain
|
| Judges |
SALAHUDDIN AHMED,
MUHAMMAD GUL
|
| Lawyers |
K. A. Ghani,
Mohsin Siddiqui,
Ali Akbar
|
| Petitioners |
REPUBLIC OF PAKISTAN
|
| Respondents |
MESSRS HAMID CONSTRUCTION Co.
|
| Citations |
1983 SLD 432,
1983 SCMR 720
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185 (3)
|