| Case ID |
46394884-ede9-4c93-a940-886aa86da927 |
| Body |
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| Case Number |
Civil Appeal No. 145 of 1998 |
| Decision Date |
May 11, 1999 |
| Hearing Date |
May 11, 1999 |
| Decision |
The Supreme Court dismissed the appeal filed by the appellant as it was barred by time, specifically 99 days overdue. The Court established that the knowledge of the counsel is deemed to be knowledge of the client, thus the failure of the counsel to inform the appellant about the Service Tribunal's decision did not serve as sufficient cause for condonation of delay. The reasons provided for the delay were found to be neither reasonable nor in accordance with the law, indicating gross negligence on part of the appellant and his counsel. |
| Summary |
In the case of Syed Muhammad Yousaf Shah vs. Secretary Home, the Supreme Court of Azad Jammu and Kashmir adjudicated on an appeal against the Service Tribunal's dismissal of the appellant's case regarding his promotion and transfer within the police service. The Court emphasized the principle that the knowledge of a lawyer is considered the knowledge of their client. The appellant's failure to file the appeal in a timely manner, despite being informed of the Tribunal's decision, was attributed to negligence rather than a bona fide mistake. This ruling underscores the importance of prompt communication between counsel and client, as well as the strict adherence to procedural timelines in legal matters. Keywords such as 'Supreme Court', 'appeal', 'Service Tribunal', 'lawyer-client relationship', and 'condonation of delay' are critical in understanding the implications of this case. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SARDAR SAID MUHAMMAD KHAN, C.J.,
MUHAMMAD YUNUS SURAKHVI, J
|
| Lawyers |
Sardar Rafique Mahmood Khan, Advocate for Appellant,
Raja Shiraz Kayani, Advocate-General for Respondents
|
| Petitioners |
Syed MUHAMMAD YOUSAF SHAH, PROSECUTING INSPECTOR OF POLICE, RAWALAKOT
|
| Respondents |
another,
SECRETARY HOME, AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR, MUZAFFARABAD
|
| Citations |
1999 SLD 1086,
1999 PLC 1244
|
| Other Citations |
Azad Jammu and Kashmir Council v. Abdur Rashid and 9 others 1998 SCR 44,
Rehmat Bibi and 4 others v. Ghazanfar Hussain and another PLD 1983 SC (AJ&K) 25,
Muhammad Nawaz and 3 others v. Mst. Sakina Bibi and 3 others 1974 SCMR 223,
Dr. Muhammad Iqbal Qureshi v. Azad Government and others 1993 SCR 111,
Mahboob and another v. Muzaffar Din 1992 SCR 338,
Khadim Hussain Khan v. The State PLD 1982 SC (AJ&K) 13,
Azad Government of the State of Jammu and Kashmir v. Ch. Muhammad Latif PLD 1983 SC (AJ&K) 70
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
47
|