| Case ID |
2ae7078c-379e-4811-aac0-ad85c1a75b4d |
| Body |
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| Case Number |
Civil Appeal No.800 of 1990 |
| Decision Date |
Nov 23, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that the appeal by the Province of Punjab was not justified on technical grounds. The Court emphasized the need to protect the interests of taxpayers and the public exchequer. It acknowledged that the respondent, Dr. Muhammad Daud Khan Tariq, was entitled to compensation for the wrongful seizure of his goods, which was quantified at Rs. 32,937.08. The Court found that the lower courts had erred in dismissing the respondent's claims without proper consideration of time limits under the Limitation Act. The appeal was partially accepted, and the decree of the trial court was modified accordingly. The Court highlighted the importance of ensuring justice and fair compensation for wrongful acts committed by public authorities. |
| Summary |
This case revolves around the appeal concerning the wrongful seizure of goods belonging to Dr. Muhammad Daud Khan Tariq, an authorized rice dealer. The Supreme Court of Pakistan addressed the critical issues of justice administration, public interest, and the legal implications of malicious prosecution. The Court found that the respondent's claim for compensation was valid, despite the lower courts' dismissal based on technicalities. It emphasized the necessity for courts to protect taxpayers' interests and maintain integrity in public dealings. The ruling serves as a crucial precedent for ensuring accountability and fairness in cases involving public authorities and wrongful actions against citizens. Key takeaways include the importance of timely legal action and the need for thorough evidence in claims for damages. This case underscores the role of the judiciary in safeguarding citizens' rights against arbitrary actions by the government. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
ABDUL QADEER CHAUDHRY,
SAEEDUZZAMAN SIDDIQUI
|
| Lawyers |
|
| Petitioners |
PROVINCE OF PUNJAB
|
| Respondents |
Dr. MUHAMMAD DAUD KHAN TARIQ
|
| Citations |
1993 SLD 588,
1993 SCMR 508
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Limitation Act, 1908
|
| Sections |
Art.185,
Article 49
|