| Case ID |
d6fba804-1740-4efe-861c-78fad743128c |
| Body |
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| 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The Lahore High Court allowed the application for the refund of court-fee to Jam Ghulam Mustafa, who had withdrawn his appeal shortly after it was admitted for hearing.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 It ruled that requiring a party to pay court-fee after they have withdrawn their case, especially when no valuable time of the court was consumed, would defeat the constitutional mandate for providing justice.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The petitioner, Jam Ghulam Mustafa, sought a refund after his appeal was admitted for regular hearing and subsequently withdrawn.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)
|