| Case ID |
e00f8cc9-58a0-42ab-a667-6f8f8587e5fa |
| Body |
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| Case Number |
Civil Petition No. 3978-L of 2001 |
| Decision Date |
Feb 27, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the decision of the Lahore High Court, which had dismissed the petitioner's appeal as time-barred. The petitioner failed to file the appeal within the required sixty days after the Commission's order. Although the petitioner had knowledge of the Commission's fixed date, he opted to file a constitutional petition instead, which he later withdrew. The High Court found that the appeal was not subject to condonation of delay under the Limitation Act, leading to the dismissal of the petition. The Supreme Court found no legal infirmity in the High Court's judgment and refused to grant leave to appeal. |
| Summary |
In the case of Rahim Jan vs. Securities Exchange Commission of Pakistan, the Supreme Court of Pakistan addressed the crucial issue of filing timelines under the Securities and Exchange Commission of Pakistan Act, 1997 and the Limitation Act, 1908. The court examined whether the delay in filing the appeal was justifiable. The petitioner, Rahim Jan, had knowledge of the Commission's order but failed to file the appeal within the stipulated sixty days, leading to the High Court's dismissal of the case as time-barred. The Supreme Court emphasized the importance of adhering to legal timelines and upheld the High Court's ruling, thereby reinforcing the significance of procedural compliance in legal proceedings. This case highlights the critical nature of timely legal actions and the implications of neglecting statutory deadlines. Legal practitioners must ensure adherence to such timelines to avoid adverse outcomes in litigation, particularly in cases involving regulatory bodies like the Securities Exchange Commission. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Securities Exchange Commission of Pakistan
|
| Judges |
MUNIR A. SHEIKH,
TANVIR AHMED KHAN,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Irfan Qadir,
Ejaz Ahmad Khan,
Ch. Akhtar Ali
|
| Petitioners |
RAHIM JAN
|
| Respondents |
others,
SECURITIES EXCHANGE COMMISSION OF PAKISTAN
|
| Citations |
2002 SLD 1391,
2002 SCMR 1303,
2002 CLD 1464,
2002 PTCL 478
|
| Other Citations |
Not available
|
| Laws Involved |
Securities and Exchange Commission of Pakistan Act, (XLII of 1997),
Limitation Act, 1908
|
| Sections |
34,
5,
29
|