| Case ID |
36701b29-49e5-4c41-bba9-e1fc44226fd1 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 355 of 1982 |
| Decision Date |
Feb 12, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitioner's plea challenging the transfer order dated October 15, 1960, and the subsequent P.T.D. issued in 1967. The Court found the challenge to be belated, as the petitioner had attempted to contest orders that were issued many years prior. The Court acknowledged that the High Court's refusal to exercise discretionary jurisdiction was not unjustified given the circumstances of the case. The petition was ruled to have no merit and was therefore dismissed. |
| Summary |
In the landmark case Civil Petition No. 355 of 1982, the Supreme Court of Pakistan addressed issues surrounding the belated challenge to a transfer order issued in 1960 and a P.T.D. from 1967. The petitioner, Daulat Ali, attempted to argue against these long-standing orders, citing procedural rights under the Civil Procedure Code. However, the Supreme Court upheld the High Court's decision, emphasizing that the significant delay in raising these challenges undermined the merit of the petition. This case highlights the importance of timely legal recourse and the discretionary powers of courts in managing cases that are significantly delayed. It serves as a critical reminder for legal practitioners on the importance of adhering to procedural timelines and the potential consequences of inaction. Key legal principles from the Constitution of Pakistan and relevant laws were discussed, making this a significant case in the legal landscape of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
NASIM HASAN SHAH,
M. S. H. QURAISHI
|
| Lawyers |
Ch. Khalil ur Rehman,
Muhammad Aslant Chaudhry
|
| Petitioners |
DAULAT ALI
|
| Respondents |
OTHERS,
Mst. BARGUZIDA MUNTIZAR
|
| Citations |
1983 SLD 427,
1983 SCMR 713
|
| Other Citations |
Mahboob ur Rehman v. Government of West Pakistan P L D 1968 Lab. 1058,
Ramzan Ali Premji Khoja v. Kassim Brothers & Co. P L D 1957 Kar. 224,
Atta Muhammad v. Rehmat Ali P L D 1967 Lab. 372
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
185 (3),
199,
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),
10
|