| Case ID |
73660e63-366b-4518-8f96-185f52ce2e2d |
| Body |
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| Case Number |
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| Decision Date |
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| Hearing Date |
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| Decision |
The Supreme Court dismissed the petition for special leave to appeal on the grounds of being time-barred by 128 days. The petitioner failed to adequately explain the delay caused by the submission of case papers to various governmental authorities for approval, which led to the time lapse. The court emphasized that the government cannot expect different treatment from ordinary litigants and must comply with the law of limitation. The petitioner did not provide sufficient details regarding the delay for each day, resulting in the dismissal of the petition. |
| Summary |
In the case involving the Assistant Collector of Central Excise and Land Customs against The Sky Room Limited, the Supreme Court of Pakistan addressed the issue of a time-barred petition for special leave to appeal. The petition was dismissed due to a delay of 128 days that the petitioner could not sufficiently justify. The court reiterated the principle that government entities must adhere to the same standards as private litigants regarding the limitation period. The ruling underscores the importance of timely legal action and the need for thorough explanations when seeking condonation for delays. Key laws involved included the Limitation Act of 1908, specifically Section 5, and Article 185(3) of the Constitution of Pakistan, 1973. The decision highlights the court's commitment to upholding legal standards and ensuring that all parties, regardless of their status, are treated equally under the law. |
| Court |
Supreme Court of Pakistan
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| Entities Involved |
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| Judges |
ABDUL KADIR SHAIKH,
M.S.H. QURAISHI
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| Lawyers |
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| Petitioners |
ASSISTANT COLLECTOR, CENTRAL EXCISE AND LAND CUSTOMS (LAHORE DIVISION)
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| Respondents |
THE SKY ROOM LIMITED
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| Citations |
1988 SLD 2506,
1988 SCMR 1229
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| Other Citations |
Province of East Pakistan v. Abdul Hamid Darji and others 1970 SCMR 558,
Commissioner of Income Tax v . Pir Ahmad Khan 1981 SCMR 37
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| Laws Involved |
Limitation Act, 1908,
Constitution of Pakistan, 1973
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| Sections |
5,
185(3)
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