SCMR 1999

1999 PLP 107 (SCMR)

ZAHUR TEXTILE MILLS and 2 others — Petitioners Versus FEDERATION OF PAKISTAN through Secretary, Ministry of

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Civil Petitions Nos. 213, 217 and 219 of 1995, decided on 11 th June, 1995.
Honorable Judges
Sajjad Ali Shah, C. J. and Manzoor Hussain Sail, J
Case Reference Summary (AEO Optimized)
Citation 1999 PLP 107 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Sajjad Ali Shah, C. J. and Manzoor Hussain Sail, J
Parties ZAHUR TEXTILE MILLS and 2 others — Petitioners Versus FEDERATION OF PAKISTAN through Secretary, Ministry of
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1999 PLP 107 (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1999 PLP 107 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sajjad Ali Shah, C. J. and Manzoor Hussain Sail, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1999 PLP 107 (SCMR) (ZAHUR TEXTILE MILLS and 2 others — Petitioners Versus FEDERATION OF PAKISTAN through Secretary, Ministry of). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Raja Muhammad Akram, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioners.
  • Raja Muhammad Bashir, Deputy Attomey-General for Respondent No
  • Nemo for Respondents Nos.2 to 4
  • Date of hearing: I I th June, 1995.

Headnotes / Summary

(On appeal from the order dated 25-4-1995 of the Lahore High Court, Lahore in C.M. Nos. 1009/95, 1108/95 and 1008/95).

Arts. 199(4-B) & 185(3)

No authoritative decision from Supreme Court on interpretation of cl. (4-B) inserted in Art. 199 of the Constitution

Interpretation of Art. 199(4-B) of the Constitution being question of public importance and of academic nature, leave to appeal was granted to examine said question

Appeal was directed to be fixed for hearing before Bench of two Judges by consent of counsel appearing for both parties.

Judgment & Decree

SAJJAD ALI SHAH, C.J.

Contention of Raja Muhammad Akram, learned counsel for the petitioners, is that there is no authoritative decision from this Court on the interpretation of Clause (4-B), which has been inserted in Article 199 of the Constitution by P.O. No.14 of 1985, which on perusal, seemingly, indicates that if High Court is unable to dispose of a matter within the stipulated time, for which there are valid reasons, then stay can be extended beyond the stipulated time.

2. Since there is no authoritative decision from this Court on the interpretation of the provision mentioned above and stay application has been withdrawn by the learned counsel for the petitioners and it is a question of public importance and a academic nature, we grant leave for examination of the contention mentioned above. By consent of the learned counsel appearing for both the sides, these appeals may be fixed for hearing before Bench of two Judges, since the impugned order is passed by one Judge of the High Court, during the vacation when such Bench is available at Islamabad. A.A./Z-15/S Leave granted