| Case ID |
321b168d-a27d-4088-99ed-c8204d18a874 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 7-R |
| Decision Date |
Jan 15, 1975 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal and issued a stay order concerning the demands made by the Deputy Custodian of Enemy Property. The case revolved around whether the Petitioner could be compelled to pay the consideration due to Dalmia Cement Industries Limited both to the National Bank of Pakistan and the Custodian. The court acknowledged the serious legal questions surrounding the interpretation of Martial Law Regulation No. 70 and the jurisdiction of the Custodian. The decision emphasized that the obligations of the National Bank had ceased under changed circumstances, opening a pathway for the Petitioner to seek a refund of the amount deposited. The court's ruling underlined the necessity for clarity regarding the liabilities owed to the enemy concern and the implications of Martial Law on such financial dealings. |
| Summary |
In the case of National Cement Industries Ltd. vs. Custodian of Evacuee Property for Pakistan, the Supreme Court of Pakistan addressed complex issues surrounding the obligations of the Petitioner to foreign vendors, specifically Dalmia Cement Industries Limited. The core of the case was whether the Petitioner could be required to pay the same debt twice—once to the National Bank of Pakistan and again to the Custodian of Enemy Property. The court acknowledged the serious legal implications of the demands made by the Custodian under Martial Law Regulation No. 70 and the broader context of financial transactions involving enemy concerns. The ruling highlighted the importance of maintaining clarity in legal obligations during times of conflict and the need for judicial oversight of executive demands. The case raised numerous questions about jurisdiction and the interpretation of martial regulations in relation to civil obligations, particularly in a post-war context. This decision is pivotal in understanding the interplay between military law and civil rights, especially regarding financial liabilities involving foreign entities. The court's decision to grant leave to appeal signifies the importance of these legal questions and the substantial amount of money involved, which amounted to over Rs. 3 crores. The outcome of this case could set significant precedents for future cases involving similar legal dilemmas. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
National Cement Industries Ltd.,
Custodian of Evacuee Property for Pakistan,
Dalmia Cement Industries Limited
|
| Judges |
HAMOODUR RAHMAN, C.J.,
SALAHUDDIN AHMED,
ABDUL KADIR SHAIKH, JJ
|
| Lawyers |
A. H. Mirza. Advocate Supreme Court,
Hamidul Hay Choudhry, Senior Advocate Supreme Court instructed by A. Aziz Dastgir, Advocate-on-Record
|
| Petitioners |
NATIONAL CEMENT INDUSTRIES LTD.
|
| Respondents |
ANOTHER,
CUSTODIAN OF EVACUEE PROPERTY FOR PAKISTAN
|
| Citations |
1975 SLD 252,
1975 SCMR 300
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|