Legal Case Summary

Case Details
Case ID d6fba804-1740-4efe-861c-78fad743128c
Body View case body.
Case Number Regular First Appeal No. 20 of 1994
Decision Date Jul 09, 1995
Hearing Date Jul 09, 1995
Decision The Lahore High Court allowed the application for the refund of court-fee to Jam Ghulam Mustafa, who had withdrawn his appeal shortly after it was admitted for hearing. The court emphasized that the State has an obligation to ensure inexpensive and expeditious justice. It ruled that requiring a party to pay court-fee after they have withdrawn their case, especially when no valuable time of the court was consumed, would defeat the constitutional mandate for providing justice. The court granted a certificate authorizing the petitioner to recover the court-fee amount of Rs. 15,000 incurred on the memorandum of appeal.
Summary In the case of Regular First Appeal No. 20 of 1994, the Lahore High Court addressed the issue of court-fee refund upon the withdrawal of an appeal. The petitioner, Jam Ghulam Mustafa, sought a refund after his appeal was admitted for regular hearing and subsequently withdrawn. The court considered the implications of the Court Fees Act, 1870, and the Constitution of Pakistan, which mandates inexpensive and expeditious justice. The ruling underscored the importance of not penalizing parties for seeking justice and emphasized the State's obligation to facilitate access to justice without undue financial burdens. The decision aligns with previous cases that advocate for justice accessibility, highlighting the court's commitment to social justice principles.
Court Lahore High Court
Entities Involved Not available
Judges MUHAMMAD NASEEM, TASSADUQ HUSSAIN JILANI
Lawyers MA. Farani, Ch. Abdul Nabi
Petitioners Jam Ghulam Mustafa
Respondents Muhammad Latif
Citations 1995 SLD 1229 = 1995 CLC 1931
Other Citations Bhola v. Sardar Muhammad PLD 1976 Lah..1268, Sh. Riaz-ud-Din v. Aqil-ur-Rehman Siddiqui and 4 others PLD 1993 SC 76, Tradewell (Pakistan) Corporation v. Standard Bank Ltd. PLD 1975 Kar.178
Laws Involved Court Fees Act (VII of 1870), Constitution of Pakistan (1973)
Sections 13, 2A, 37(d)