| Case ID |
396adaf0-eb34-4a98-bbcd-f7327cca9686 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 661 of 2010 |
| Decision Date |
Jul 05, 2010 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the application for condonation of delay in filing the appeal against the conviction of Messrs Pehlwan Marble Factory. The appeal was time-barred by four days as the prescribed period under section 23(1) of the Pakistan Environmental Protection Act, 1997, was thirty days. The court emphasized that the period of limitation set by special law prevails over the Limitation Act, 1908. The petitioner failed to provide sufficient reasons or supporting documents for the delay, rendering the application incompetent. Consequently, the court upheld the conviction and the imposed fine, highlighting the importance of adhering to statutory timelines in legal proceedings. |
| Summary |
The case revolves around the appeal filed by Messrs Pehlwan Marble Factory against a conviction under the Pakistan Environmental Protection Act, 1997, where the Environmental Tribunal Punjab imposed a fine for non-compliance. The appeal was dismissed by the Lahore High Court due to it being time-barred by four days. The court underscored that the limitation period set in special laws takes precedence over the general provisions of the Limitation Act. The court's decision stressed the necessity of timely legal action and the requirement for petitioners to substantiate claims of delay with appropriate documentation. This case serves as a crucial reference for understanding the interplay between environmental law and procedural limitations in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Messrs Pehlwan Marble Factory
|
| Judges |
SYED AKHLAQ AHMAD,
HASSAN RAZA PASHA
|
| Lawyers |
Rana A. D. Kamran,
Rana Abdul Majeed
|
| Petitioners |
Muhammad Asif
|
| Respondents |
The State,
Another
|
| Citations |
2011 SLD 3058,
2011 PCRLJ 200
|
| Other Citations |
2000 PCr.LJ 1418,
PLD 2007 Kar. 277,
1999 MLD 330,
2003 YLR 1686,
2008 SCMR 54,
2010 YLR 1577
|
| Laws Involved |
Pakistan Environmental Protection Act, 1997,
Limitation Act, 1908
|
| Sections |
21(3),
23(1),
5,
29(2)(a)(b)
|