| Case ID |
43575f11-8fe6-4391-a10c-0806a0fe19a8 |
| Body |
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| Case Number |
Civil Miscellaneous No. 50 of 2014 in Civil PLA No |
| Decision Date |
Jun 24, 2014 |
| Hearing Date |
May 23, 2014 |
| Decision |
The Supreme Court dismissed the petitions for leave to appeal due to the applications being filed beyond the stipulated limitation period. The Court held that the appeal would lie directly to the Supreme Court as the High Court had varied the decree from three million rupees to one and a half million rupees. The petitioners failed to provide a timely application for treating the petitions as appeals, which was required under the relevant sections of the Azad Jammu and Kashmir Interim Constitution Act. The decision reaffirmed the principle that clear legal provisions must be followed without additions or omissions, emphasizing the need for adherence to procedural rules in order to maintain judicial integrity and efficiency. The Court also highlighted the importance of finality in litigation, stressing that delays in filing appeals can obstruct justice. |
| Summary |
This case revolves around the appeals filed by Ghulam Asghar and Muhammad Aziz regarding the specific performance of a contract concerning land. The Supreme Court of Azad Jammu and Kashmir examined the appeals after the High Court amended the decree. The main legal issue was whether the petitions for leave to appeal were filed within the appropriate time frame as per the Azad Jammu and Kashmir Interim Constitution Act and the Supreme Court Rules. The ruling clarified that the appeals were deemed direct appeals due to the High Court's amendment of the initial decree. The decision reinforced the necessity for timely filings and adherence to legal stipulations, ensuring that the judicial process remains efficient and equitable. The implications of this ruling are significant for future cases, particularly in terms of procedural compliance and the interpretation of legal frameworks governing appeals. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMAD AZAM KHAN, C.J.,
CH. MUHAMMAD IBRAHIM ZIA,
RAJA SAEED AKRAM KHAN, JJ
|
| Lawyers |
Muhammad Ayub Sabir,
Abdul Majeed Malik
|
| Petitioners |
MUHAMMAD AZIZ,
GHULAM ASGHAR
|
| Respondents |
16 others,
SARWAR BEGUM
|
| Citations |
2015 SLD 2388 = 2015 CLC 1406
|
| Other Citations |
Ghulam Nabi and 26 others v. Seth Muhammad Yaqub and 4 others 1981 SCMR 889,
Muhammad Latif Khan and others v. Lal Khan and others PLD 1979 SC (AJ&K) 123,
Inayatullah Khan v. Capt. (Retd.) Inayatullah Khan and another PLD 1985 SC (AJ&K) 85,
Sardar Muhammad Ibrahim Khan v. Azad Jammu and Kashmir Government through Chief Secretary Azad Jammu and Kashmir Government, Muzaffarabad PLD 1990 SC (AJ&K) 23,
Syed Mazhar-ul-Hassan and another v. Zubina Nayyar and 10 others 1994 CLC 1428,
Government of Pakistan v. Muhammad Shafi Khan and 4 others 1999 SCR 291,
Syed Javed Hussain Shah v. Azad Government and others and 3 others 2001 SCR 567,
Azad Government v. Muhammad Suleman and 6 others 2003 SCR 423,
Azad Government and others v. Mst. Razia Farooqi and others 1996 SCR 136,
Defence Department of Pakistan v. Sardar Muhammad Khan and another 2004 SCR 459,
Chief Administrator Auqaf v. Sain Ghulam Ahmed Nisar and 38 others PLD SC (AJ&K) 21,
Chief Administrator Auqaf (Nazim-e-Alla Auqaf) v. Sain Ghulam Ahmed and others 2013 SCR 715
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act,
Azad Jammu and Kashmir Supreme Court Rules, 1978
|
| Sections |
42(11)(d),
Order XIII, Rule 1
|