| Case ID |
d6452b7d-e5be-4cba-a5e4-74b8904b4133 |
| Body |
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| Case Number |
Civil Appeals Nos. 104 of 1978 and 136 of 1979 |
| Decision Date |
Nov 22, 1983 |
| Hearing Date |
|
| Decision |
The court granted leave to appeal to examine whether the appellant could avoid paying court-fee calculated based on the amendment in law through the Punjab Finance Act, 1973. The decision highlighted that the right of appeal is vested and the court-fee leviable at the time of the institution of the suit was correct. The court also addressed the application of Order XLI, rule 3 and whether the appellate court could require the supply of deficiency in court-fee under Order VII, rule 11(c). It was concluded that the first appeal could not be rejected as time-barred solely due to deficiency in court-fee unless the party was guilty of contumacy or positive mala fides. The case was remanded for appropriate resolution based on the legal contentions raised. |
| Summary |
This case revolves around the legal implications of court-fee deficiencies in civil appeals, particularly in the context of pre-emption suits. The court examined various laws, including the Civil Procedure Code, Court Fees Act, and the Constitution of Pakistan, to clarify the obligations of appellants concerning court-fees and their rights to appeal. The decision emphasizes the importance of ensuring that appellants are given opportunities to rectify deficiencies in court-fees before their appeals are dismissed as time-barred. This case serves as an important precedent for similar future cases, highlighting the intersection of procedural law and the rights of litigants in the judicial process. |
| Court |
Appellate Tribunal Inland Revenue
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
ASLAM RIAZ HUSSAIN,
MUHAMMAD AFZAL ZULLAH,
M. S. H. QURAISHI, JJ
|
| Lawyers |
Ch. Abdur Rahman, Advocate Supreme Court,
S. Wajid Hussain, Advocate-on-Record for Appellant,
Imtiaz Muhammad Khan, Advocate-on-Record for Respondent No. 1,
Bashir A. Ansari, Senior Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record for Appellants,
X. E. Bhatti, Advocate-on-Record for Respondents
|
| Petitioners |
,
SIDDIQUE KHAN
|
| Respondents |
another,
ABDUL SHAKUR KHAN
|
| Citations |
1984 SLD 96,
1984 PLD 289
|
| Other Citations |
P L D 1972 Lah. 743,
P L D 1970 S C 37,
P L D 1979 S C 821,
Civil Appeal No. 153 of 1978,
P L D 1968 S C 171,
A I R 1955 Pb. 223,
A I R 1954 Raj. 170,
A I R 1954 Vidh. Pra. 47,
A I R 1956 All. 413,
A I R 1944 Mad. 406,
15 W R 272,
7 W R 461,
7 W R 452,
7 W R 462,
A I R 1933 All. 20,
A I R 1926 Nag. 71,
A I R 1954 Vidh. Pra. 5,
A I R 1954 Mad. 543,
A I R 1955 Nag. 46,
A I R 1956 Nag. 281,
A I R 1955 Bom. 332,
A I R 1955 Bom. 287,
A I R 1958 Andh. Pra. 267,
A I R 1955 Andh. Pra. 221
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Court Fees Act, 1870,
Constitution of Pakistan, 1973
|
| Sections |
107,
O.VII,r.11(c),
O.XLI,
149,
151,
7(vi),
185(3)
|