1983 PLP 647 (SCMR)
Mst. MUMTAZ BEGUM-Petitioner Versus Qazi JAMILUDDIN AND 4 OTHERS-Respondents
| Citation | 1983 PLP 647 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | Mst. MUMTAZ BEGUM-Petitioner Versus Qazi JAMILUDDIN AND 4 OTHERS-Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1983 PLP 647 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1983 PLP 647 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1983 PLP 647 (SCMR) (Mst. MUMTAZ BEGUM-Petitioner Versus Qazi JAMILUDDIN AND 4 OTHERS-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Majid Sheikh, Advocate Supreme Court assisted by Sh. Abdul Karim, Advocate-on-Record for Petitioner.
- Ch. Mushtaq Masood, Advocate Supreme Court with M. A. Qureshi, Advocate-on-Record for Respondents.
- Date of hearing: 22nd February, 1978.
- Abdul Majid Sheikh, Advocate Supreme Court assisted by Sh. Abdul Karim, Advocate‑on‑Record for Petitioner.
- Ch. Mushtaq Masood, Advocate Supreme Court with M. A. Qureshi, Advocate‑on‑Record for Respondents.
Headnotes / Summary
(On appeal from the order dated 17th January, 1974, passed by the Lahore High Court in W. P. No. 414-R of 1966). --Art. 185 (3) and Limitation Act (IX of 1908). Ss. 5 & 12-Con donation of delay-Petitioner applying for copy of writ petition within time after getting copy of impugned order and filing petition for limitation period-Time spent, to preparation of copy of writ petition, held, cannot be tagged with time spent in preparation of copy of impugned order-Delay not condoned in circumstances.
Judgment & Decree
Abdul Majid Sheikh, Advocate Supreme Court assisted by Sh. Abdul Karim, Advocate‑on‑Record for Petitioner. Ch. Mushtaq Masood, Advocate Supreme Court with M. A. Qureshi, Advocate‑on‑Record for Respondents. Date of hearing: 22nd February, 1978. NASIM HASAN SHAH, J.‑The office note shows that the petition is barred by 96 days. The judgment of the High Court was delivered on 17th January, 1974. The application for grant of copy was submitted on 11th March, 1974 and the copy was ready for delivery on 23rd April, 1974. Thus 44 days we're taken in the preparation of the copy. However, the petition for leave to appeal was not filed in this Court until 5th August, 1974, 200 days after the passing of the judgment by the High Court. The petition, after deducting 60 days, within which it can be lodged, and 44 days spent in the preparation of the copy, is out of time by 96 days. The learned counsel, in excuse of the delay has submitted that an application for obtaining a certified copy of the Writ Petition was submitted on 26th April, 1974, before the expiry of limitation for filing the petition for leave to appeal. The same was supplied on 3rd August, 1974 (Saturday) when the Registry was closed and the petition was filed on the next working day, viz. 5th August, 1974. According to the learned counsel the days spent in obtaining the certified copy of the Writ Petition are also liable to be excluded. We find no force in this contention. The learned counsel was unable to show any law in support of his submission that the time taken in the preparation of the copy of the Writ Petition can be tagged on, With, the time spent in the preparation of the copy of the impugned judg ment‑ No ground for condonation of delay is, therefore, made out. Accordingly, this petition is dismissed as barred by time. Leave refused.