| Case ID |
f545f8b4-c938-4bdb-b235-4cd6ed588735 |
| Body |
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| Case Number |
C.A. No. 1391 of 2003 |
| Decision Date |
Dec 15, 2003 |
| Hearing Date |
Dec 15, 2003 |
| Decision |
The Supreme Court of Pakistan, in its ruling, addressed the issue of compound interest on the awarded compensation amount, concluding that the interest should be paid to the respondents at a rate of 8% instead of the profit rate set by the National Bank of Pakistan. The Court emphasized that the calculation of interest would be managed by the Executing Court as if compound interest had been awarded, thereby modifying the previous judgment of the Lahore High Court. Furthermore, the appeal was found to be barred by 842 days, with the reasons provided for the delay deemed insufficient for the condonation of time. The Court noted that the remedy for the appellant was to seek correction of the judgment due to an accidental slip, which was agreed upon by the counsel for the respondents. The appeal was ultimately dismissed with no order as to costs. |
| Summary |
In the case of C.A. No. 1391 of 2003, the Supreme Court of Pakistan reviewed the appeal regarding the interest on compensation awarded to the respondents. The case revolved around the interpretation of the Civil Procedure Code, the Constitution of Pakistan, and the Limitation Act. The Court determined that the compound interest should be calculated at a rate of 8%, recognizing the legal principles surrounding compensation in acquisition proceedings. The appeal was significantly delayed, leading to its dismissal due to the lack of sufficient grounds for extending the time limit for filing. This case highlights the importance of timely appeals and the application of interest rates in compensation cases, making it a crucial reference for similar legal matters in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH,
IFTIKHAR MUHAMMAD CHAUDHRY
|
| Lawyers |
Ch. Muhammad Tariq, ASC,
Mr. MA. Zaidi, AOR,
Mr. Muhammad Iqbal Khan, ASC,
Mr. Imtiaz Muhammad Khan, AOR
|
| Petitioners |
WAPDA through Project Director
|
| Respondents |
AZAM KHAN and others
|
| Citations |
2004 SLD 3148,
2004 PLJ 236
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973,
Limitation Act, 1908
|
| Sections |
34,
185,
3
|