| Case ID |
2e8930e5-7721-4248-923c-4b87b06130d7 |
| Body |
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| Case Number |
Criminal Appeal No. 28 of 1968 |
| Decision Date |
Nov 28, 1968 |
| Hearing Date |
Nov 27, 1968 |
| Decision |
The Supreme Court of Pakistan upheld the High Court's decision to stay the criminal proceedings pending the outcome of a civil suit. The case involved a dispute over a cheque that was claimed to have been stolen. The court found that the civil suit raised common questions of fact that were relevant to the criminal case. Therefore, it was deemed just and proper to stay the criminal proceedings until the civil suit was resolved. This decision reflects the court's recognition of the intertwined nature of civil and criminal matters, particularly when they arise from the same set of facts. |
| Summary |
In the case of Criminal Appeal No. 28 of 1968, the Supreme Court of Pakistan addressed the issue of whether criminal proceedings could be stayed pending a civil suit involving the same questions of law and fact. The court emphasized the importance of resolving related civil matters before proceeding with criminal charges to prevent conflicting judgments. This ruling underscores the legal principle that when civil and criminal cases are intertwined, it is often in the interest of justice to pause criminal proceedings until civil matters are adjudicated. The case involved a cheque dispute where the appellant claimed the cheque was stolen, while the respondent argued it was drawn for valuable consideration. The judgment is significant for legal practitioners as it clarifies the court's stance on the intersection of civil and criminal jurisdictions, particularly under section 561-A of the Criminal Procedure Code. Legal professionals should take note of this ruling as it may influence future cases where civil and criminal issues overlap, highlighting the necessity for careful consideration in similar scenarios. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD YAQUB ALI, J.,
SAJJAD AHMAD,
ABDUS SATTAR
|
| Lawyers |
Muhammad Ashraf Chaudhri, Advocate Supreme Court,
Khalilur Rahman Khan, Advocate Supreme Court,
Abdus Samad Hashmi, Advocate Supreme Court
|
| Petitioners |
N. MANAK JI
|
| Respondents |
ANOTHER,
FAKHAR IQBAL
|
| Citations |
1969 SLD 263,
1969 SCMR 198
|
| Other Citations |
State v. Ilahi Bakhsh P L D 1965 Kar. 231,
Mansharam Madhavadas v. Chetanram Rupchand and others A I R 1945 Sind 32,
Panna Lal v. Emperor A I R 1943 All. 14,
Shatrunjaya Singh v. D. S. Saxena A I R 1943 Oudh 184,
Faiz Muhammad v. Abbas Jaffar A I R 1935 Sind 87,
Muhammad Akbar v. State P L D 1968 S C 281
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
561-A
|