| Case ID |
f61f144c-bef5-45c6-9648-50deaeb8e173 |
| Body |
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| Case Number |
Review No.15 of 1980 in Civil Petition for Leave t |
| Decision Date |
Apr 11, 1981 |
| Hearing Date |
|
| Decision |
The review petition was dismissed as time-barred, as the petitioner failed to provide a valid explanation for the delay of 308 days in filing the review. The court emphasized that when leave to appeal is denied, the original order remains effective, and any observations made must be understood in the context of that intact order. The petitioner’s grievance was found to be misconceived, as it was based on the refusal of leave to appeal rather than on any direct actions taken by the government that would negatively impact his legal rights. |
| Summary |
In the case of Review No.15 of 1980 in Civil Petition for Leave to Appeal No.668 of 1979, the Supreme Court of Pakistan addressed the issue of leave to appeal under Section 185(3) of the Constitution of Pakistan (1973). The petitioner, AZIZ AHMAD RATHORE, sought a review of an order that had been passed in his absence, which was time-barred by 308 days. The court clarified that when leave to appeal is refused, the original order remains in effect, and any comments made in the order must be interpreted in that context. The decision underscores the importance of adhering to procedural timelines in legal proceedings. The court ultimately dismissed the review petition, reiterating that the grievance raised by the petitioner did not hold merit based on the legal framework governing appeals. This case highlights critical aspects of constitutional law and the procedural requirements for seeking appeals in higher courts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
NASIM HASAN SHAH,
SHAFIUR REHMAN
|
| Lawyers |
Not available
|
| Petitioners |
AZIZ AHMAD RATHORE
|
| Respondents |
PROVINCE OF THE PUNJAB and others
|
| Citations |
1985 SLD 397,
1985 SCMR 142
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
185(3)
|