| Case ID |
ffd6d721-dc02-44de-9e08-76cdc180116c |
| Body |
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| Case Number |
Civil Appeal No.29 of 2005 |
| Decision Date |
Nov 21, 2006 |
| Hearing Date |
Oct 31, 2006 |
| Decision |
The appeal is accepted and the case is remanded to the High Court to decide the same on merits. The Supreme Court found that the appellants were non-suited by the High Court without a proper examination of the legal position and emphasized that the principles of laches should not be applied mechanically. The court highlighted the importance of deciding disputes on merits rather than technical grounds, especially when the appellants have been diligently pursuing their case for years without unnecessary delay. |
| Summary |
In a significant ruling by the Supreme Court (AJ&K), the appeal in Civil Appeal No.29 of 2005 was accepted, overturning the High Court's decision to dismiss the writ petition on the grounds of laches. The appellants, led by Tahir Mahmood Khan, had their land acquired by the Azad Jammu and Kashmir Government, leading to a prolonged legal battle spanning decades. The Supreme Court criticized the High Court for not considering the merits of the case and stressed that the doctrine of laches should not be applied without evaluating the specific circumstances and explanations for any delay. The case was remanded to the High Court for a decision based on merits, demonstrating the court's commitment to ensuring justice and preventing technicalities from hindering fair outcomes. This decision underscores the importance of legal diligence and the judiciary's role in safeguarding rights, making it a pivotal case in the jurisprudence of the region. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Azad Jammu and Kashmir Government,
Revenue Commissioner
|
| Judges |
MUHAMMAD REAZ AKHTAR CHAUDHRY, C.J.,
KHAWAJA SHAHAD AHMAD, J
|
| Lawyers |
Ch. Muhammad Ibrahim Zia,
Raja Mumtaz Hussain Kiani,
M. Noorullah Qureshi
|
| Petitioners |
13 others,
TAHIR MAHMOOD KHAN
|
| Respondents |
3 others,
AZAD GOVERNMENT
|
| Citations |
2008 SLD 909,
2008 CLC 1662
|
| Other Citations |
PLD 1985 SC (AJ&K) 93,
2004 PCr.LJ 880,
1995 PCr.LJ 1778,
1995 MLD 1350,
PLD 1968 Pesh. 6,
PLD 1976 Kar. 119,
PLD 1994 Pesh. 211,
PLD 1994 Kar. 140,
1987 SCMR 1119
|
| Laws Involved |
Limitation Act, 1908
|
| Sections |
3,
28
|