1989 PLP 3979(1) (MLD)
MIDWAY HOUSE.(PRIVATE) Ltd. — Petitioner Versus GOVERNMENT OF SINDH and others — Respondents
| Citation | 1989 PLP 3979(1) (MLD) |
| Forum / Court | Karachi |
| Bench Members | Saeeduzzaman Siddiqui and Saleem Akhtar, JJ |
| Parties | MIDWAY HOUSE.(PRIVATE) Ltd. — Petitioner Versus GOVERNMENT OF SINDH and others — Respondents |
| Primary Law | Constitution 'of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989 PLP 3979(1) (MLD)?
This judgment primarily cites: Constitution 'of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 3979(1) (MLD)?
The case was heard and decided by the Karachi bench comprising: Saeeduzzaman Siddiqui and Saleem Akhtar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 3979(1) (MLD) (MIDWAY HOUSE.(PRIVATE) Ltd. — Petitioner Versus GOVERNMENT OF SINDH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mahmood Iqbal for Petitioner.
Headnotes / Summary
Art.199--Constitutional petition--Delay--Petition was filed with considerable delay--Contention that mere delay in filing petition was not relevant unless it had the effect of changing of position of respondent during that period and as there was no consequent change in position of respondent during, that period, laches would not be relevant in the case--High Court overruled objection in respect of delay subject to condition that it would be open to respondents to raise question of laches if available to them at time of regular hearing of the petition.--[Laches].
Judgment & Decree
Constitutional Petition No. D-223 of 1988, decided on 2nd May, 1988.
Art.199--Constitutional petition--Delay--Petition was filed with considerable delay--Contention that mere delay in filing petition was not relevant unless it had the effect of changing of position of respondent during that period and as there was no consequent change in position of respondent during, that period, laches would not be relevant in the case--High Court overruled objection in respect of delay subject to condition that it would be open to respondents to raise question of laches if available to them at time of regular hearing of the petition.--[Laches]. Mahmood Iqbal for Petitioner. SAEEDUZZAMAN SIDDIQUI, J.--There is considerable delay in filing the petition. However, the learned counsel for the petitioner contends that mere delay in filing of the petition is not relevant, unless it has the effect of changing of the position of respondent during this. period, it is also contended that as there has been no consequent change in the position of the respondent during this period, laches will not be relevant in this case. For the present we overrule the office objection, subject to the condition that it will be open to the respondent to raise the question of laches if available to them at the time of regular hearing of this petition.
2. Comments have been filed in this case and it is contended by the learned counsel that the lease duly executed in favour of the petitioner clearly provides for payment of rent both in respect of building as well as land and as such the petitioner could not be assessed to the payment of property tax. Contention requires examination. Admit. Notice. H.B.T./M-942/`K Order accordingly.