| Case ID |
392a1b24-0c6e-418d-9859-5fe7c46fbc56 |
| Body |
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| Case Number |
Civil Petition No. 1079 of 1980 |
| Decision Date |
Sep 02, 1985 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the refusal to condone the delay by the competent authority cannot be challenged by a constitutional petition. The court emphasized that mistaken advice from a lawyer is not a sufficient ground for condoning a delay in filing a revision petition. The court reserved an important question regarding the applicability of the Punjab Pre-emption Act in relation to the Land Reforms Regulation for future clarification. Ultimately, the leave to appeal was refused, reinforcing the importance of timely legal action and the limitations imposed by procedural laws. |
| Summary |
The case revolves around a constitutional petition filed by Nek Muhammad against the decision of the Lahore High Court concerning a pre-emption claim on land he purchased as a Mangla Dam oustee. The Supreme Court addressed issues of jurisdiction, delay in filing, and the effect of legal advice on procedural compliance. The court reaffirmed that the competent authority's refusal to condone delays cannot be challenged constitutionally, highlighting the critical importance of adhering to legal timelines and the implications of the Limitation Act. The case serves as a significant reference for future cases involving similar legal principles, especially regarding the interplay between pre-emption laws and land reforms. Keywords: Supreme Court, constitutional petition, Limitation Act, pre-emption, legal advice, procedural compliance, jurisdictional authority. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SHAFIUR RAHMAN
|
| Lawyers |
Sh. Zamir Hussain
|
| Petitioners |
NEK MUHAMMAD
|
| Respondents |
A.C., JHELUM and others
|
| Citations |
1986 SLD 905,
1986 SCMR 1493
|
| Other Citations |
Muhammad Khan v. Abdul Khaliq Khan P L D 1981 S C 155,
Mumtaz Khan v. Chief Settlement and Rehabilitation Commissioner P L D 1966 S C 276,
Saeeduddin Ahmad Naqvi v. Abdul Ghafoor 1977 SCMR 306,
Mst. Mahmmooda Begum and others v. Major Malik Muhammad Ishaq and others 1981 SCMR 890,
Bashir Ahmad v. Government of the Punjab and others 1985 SCMR 333,
Mian Aizad Bakhsh v. Sheikh Muhammad Afzal 1985 SCMR 1003
|
| Laws Involved |
Constitution of Pakistan (1973),
Limitation Act (IX of 1908),
Punjab Pre-emption Act (I of 1913),
Land Reforms Regulation, 1972
|
| Sections |
199,
5,
8,
15,
M.L.R. 115, para. 25
|