| Case ID |
2b936398-4fd1-4ba4-82ed-428f7fc8bef3 |
| Body |
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| Case Number |
Civil Petitions Nos.463 and 502 of 1976 |
| Decision Date |
Mar 08, 1980 |
| Hearing Date |
Mar 08, 1980 |
| Decision |
The Supreme Court of Pakistan dismissed the Civil Petitions for Special Leave to Appeal Nos.463 and 502 of 1976 on the grounds of limitation. The High Court's judgment was delivered on December 3, 1975, and the application for a certified copy was submitted 65 days later, on February 7, 1976. The petition was barred by time even at the time of application submission. Although the copy was ready on February 19, 1976, and delivered on February 24, 1976, the petition was ultimately filed on April 28, 1976, exceeding the permissible time frame. No application was filed to explain the delay or seek condonation, leading to the petitions being dismissed on the basis of limitation. |
| Summary |
In the landmark case of Civil Petitions Nos.463 and 502 of 1976, the Supreme Court of Pakistan addressed significant issues surrounding the Limitation Act and constitutional provisions related to appeal processes. The court evaluated the timeline of events following the Lahore High Court's judgment on December 3, 1975, emphasizing the critical importance of adhering to statutory timelines for filing appeals. The petitioners, represented by notable advocates, faced dismissal due to a failure to submit their application within the legally mandated period. This ruling underscores the necessity for legal practitioners and entities to be vigilant regarding procedural compliance in order to ensure access to justice. It serves as a reminder of the stringent application of limitation laws in the judicial system, particularly in tax-related matters, and highlights the court's commitment to uphold legal frameworks designed to promote timely and efficient resolution of disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Dorab Patel, Justice,
Nasim Hasan Shah, Justice
|
| Lawyers |
M.Ilyas Khan, Advocate Supreme Court,
M.Z.Khalil, Advocate-on-Record,
Ejaz Ahmad Khan, Advocate-on-Record
|
| Petitioners |
COMMISSIONER OF Income Tax (INVESTIGATION)
|
| Respondents |
MISS SHIREEN AYUB KHAN
|
| Citations |
1988 SLD 3019,
1988 SCMR 304
|
| Other Citations |
Not available
|
| Laws Involved |
Limitation Act, 1908,
Constitution of Pakistan, 1973
|
| Sections |
5,
185(3)
|