| Case ID |
37a653d6-76ec-4b57-a7b1-3903ba7731b9 |
| Body |
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| Case Number |
Suit No. 278 of 2012 |
| Decision Date |
Apr 01, 2013 |
| Hearing Date |
Mar 12, 2013 |
| Decision |
The Sindh High Court ruled that the objections filed by the defendants were well within the time limit set by the Limitation Act. The court emphasized the importance of fair trial and due process under Article 10-A of the Constitution of Pakistan, declaring that any proceedings violating these principles are null and void. The court found that the notices issued regarding the filing of the arbitration award were valid and that the defendants' objections were timely, thereby overruling the plaintiff's contention of them being time-barred. The decision highlighted the adherence to legal procedures and the necessity for adequate notice in judicial proceedings. |
| Summary |
This case involves a dispute between Muhammad Ather Hafeez Khan, the plaintiff, and the joint venture of Messrs Ssangyong and Usmani Associates. The legal issues revolved around the enforcement of a consultancy agreement and the subsequent arbitration award. The Sindh High Court addressed the objections raised by the defendants regarding the timeliness of their filings, referencing the Arbitration Act and the Limitation Act. The court underscored the significance of a fair trial as enshrined in the Constitution of Pakistan, particularly emphasizing that all parties must be duly notified of proceedings affecting their rights. This case is pivotal in reinforcing the principles of due process within the legal framework, ensuring that all parties are given a fair opportunity to present their case. Keywords associated with this case include 'Arbitration', 'Fair Trial', 'Due Process', and 'Legal Compliance', which are trending in legal discussions and relevant to ongoing legal reforms. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AZIZ-UR-REHMAN, JUSTICE
|
| Lawyers |
Mansoor-ul-Arfin,
Kazim Hassan,
Muhammad Masood Khan
|
| Petitioners |
MUHAMMAD ATHER HAFEEZ KHAN
|
| Respondents |
MESSRS SSANGYONG AND USMANI J.V.
|
| Citations |
2016 SLD 2116,
2016 YLR 214
|
| Other Citations |
2012 SCMR 1235,
PLD 1999 SC 1126,
1998 SCMR 1863
|
| Laws Involved |
Constitution of Pakistan,
Arbitration Act (X of 1940),
Limitation Act (IX of 1908)
|
| Sections |
10-A,
30,
33,
12(2),
12(4)
|