| Case ID |
1fed43f4-4669-44fe-b5b2-a14ce1097d3a |
| Body |
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| Case Number |
Civil Appeal No. 826 of 1996 |
| Decision Date |
Sep 26, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan addressed the modification of a decree concerning interest for the post-award period. The Executing Court had allowed interest during the execution of the decree, which was deemed without legal justification since the decree did not specify further interest under the applicable law. The High Court's order to set aside the Executing Court's decision was upheld as correct and justifiable. This case emphasizes the importance of adhering to the specific terms of a decree and the limitations of the Executing Court's authority in modifying such decrees without clear legal grounds. |
| Summary |
In the landmark case of BUREWALA TEXTILE MILLS LIMITED vs. The Executing Court, the Supreme Court of Pakistan examined the legal nuances surrounding the execution of decrees under the Civil Procedure Code. The case arose from a dispute regarding the claim for interest during the post-award period, which was initially denied, leading to no appeal being filed against that order. The Executing Court's subsequent decision to grant interest was contested, leading to a review by the High Court. The Supreme Court ultimately affirmed the High Court's ruling, emphasizing that modifications to decrees must be grounded in legal authority. This case highlights critical aspects of civil procedure, particularly regarding the interpretation of decrees and the limits of judicial discretion. Legal practitioners should take note of the implications this case has on future claims related to interest and the enforcement of decrees, ensuring that all procedural norms are strictly followed to avoid potential misinterpretations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
BUREWALA TEXTILE MILLS LIMITED
|
| Judges |
MUHAMMAD BASHIR,
JEHANGIRI,
MUNIR A. SHEIKH,
NAZIM HUSSAIN SIDDIQUI
|
| Lawyers |
Dr. Tariq Mehmood Khokhar,
Iftikhar Ahemd Dar
|
| Petitioners |
BUREWALA TEXTILE MILLS LIMITED
|
| Respondents |
|
| Citations |
2001 SLD 1335,
2001 SCMR 396
|
| Other Citations |
Muhammad Ali and others v. Ghulam Sarwar and others 1989 SCMR 640
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
34(2),
47
|