| Case ID |
3cedec01-c586-4cf6-a0dc-ff3e1e4244c2 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. K77 |
| Decision Date |
Jan 08, 1969 |
| Hearing Date |
Jan 08, 1969 |
| Decision |
The Supreme Court granted leave to appeal in a case where the petitioner sought recovery of Rs. 45,19,333 for commission and damages due to breach of contract. The High Court had dismissed the suit, asserting that it was not maintainable against the foreign state without the consent of the Central Government. The Supreme Court noted that the matter required an authoritative pronouncement as it was of first impression, allowing the appeal to proceed for a more thorough examination of the issues regarding the immunity of foreign states in Pakistani courts. |
| Summary |
This case revolves around the legal complexities involved when a foreign state is sued in the Pakistani judiciary. The petitioner, represented by notable lawyers, sought recovery against the Union of Soviet Socialist Republics for damages due to breach of contract. The High Court had previously dismissed the case based on sections 84 and 86 of the Civil Procedure Code, which govern the conditions under which a foreign state can be sued. The Supreme Court's decision to grant leave to appeal signifies its intention to clarify the legal standing of foreign states in local courts, particularly regarding commercial disputes. This case is significant as it addresses issues of state immunity and the enforceability of contracts involving foreign entities, making it a landmark decision in the realm of international law and civil procedure in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
UNION OF SOVIET SOCIALIST REPUBLICS
|
| Judges |
SAJJAD AHMAD,
ABDUS SATTAR
|
| Lawyers |
Z. H. Chishti,
Anwar Ali Syed
|
| Petitioners |
A. M. QURESHI
|
| Respondents |
UNION OF SOVIET SOCIALIST REPUBLICS AND ANOTHER
|
| Citations |
1969 SLD 270,
1969 SCMR 216
|
| Other Citations |
Gammon Layton v. Secretary of State, U. S. A. P L D 1965 Kar. 425
|
| Laws Involved |
Civil Procedure Code
|
| Sections |
84,
86
|