1981 PLP 339 (CLC)
MESSRS BADRUDDIN H. MAVANI‑Appellant Versus GOVERNMENT OF PAKISTAN, MINISTRY OF FOOD
| Citation | 1981 PLP 339 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Fakhruddin G. Ebrahim and Tanzil‑ur‑Rehman, JJ |
| Parties | MESSRS BADRUDDIN H. MAVANI‑Appellant Versus GOVERNMENT OF PAKISTAN, MINISTRY OF FOOD |
Q1: What are the key laws and sections cited in 1981 PLP 339 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 339 (CLC)?
The case was heard and decided by the Karachi bench comprising: Fakhruddin G. Ebrahim and Tanzil‑ur‑Rehman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 339 (CLC) (MESSRS BADRUDDIN H. MAVANI‑Appellant Versus GOVERNMENT OF PAKISTAN, MINISTRY OF FOOD). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M. M. Mahmoodi for Appellant.
- S. Murtaza Hussain for Respondents.
- Date of hearing : 18th March, 1980.
Headnotes / Summary
(a) Evidence Act (I of 1872)‑ ‑‑ S. 115 read with Civil Procedure Code (V of 1908), S. 115‑Waiver, doctrine of Waiver, abandonment, or lapsing of a right legally capable of being waived, abandoned or lapsed‑Held, may either be expressly made by person concerned or may be inferred from his conduct and all other attending circumstances of case.‑[Waiver]. Burmah Shell Oil Co. v. The Trustee in the Port of Chittagong P L D 1961 S C 452 and MustaqIm v. Sher Bahadur P L D 1962 Pesh. 16 ref. (b) Arbitration Act (X of 1940)‑ S. 30 read with Civil Procedure Code (V of 1908), S. 115‑Revision‑ Award, setting aside of‑Award, held, cannot be set aside unless Arbitrator shown to have mis-conducted himself or award improperly procured or otherwise invalid and findings of Arbitrator wrongly accepted by lower Court to be correct.‑[Award]. Abdul Rehman Munshi v. Dr. Abdul Malik and others 1968 S C M R 2, .. and Province of West Pakistan v. Messrs Architect Enizineer & Co. P L D. 1968 Dacca 245 ref.
Judgment & Decree
(a) Evidence Act (I of 1872)‑ ‑‑ S. 115 read with Civil Procedure Code (V of 1908), S. 115‑Waiver, doctrine of Waiver, abandonment, or lapsing of a right legally capable of being waived, abandoned or lapsed‑Held, may either be expressly made by person concerned or may be inferred from his conduct and all other attending circumstances of case.‑[Waiver]. Burmah Shell Oil Co. v. The Trustee in the Port of Chittagong P L D 1961 S C 452 and MustaqIm v. Sher Bahadur P L D 1962 Pesh. 16 ref. (b) Arbitration Act (X of 1940)‑ S. 30 read with Civil Procedure Code (V of 1908), S. 115‑Revision‑ Award, setting aside of‑Award, held, cannot be set aside unless Arbitrator shown to have mis-conducted himself or award improperly procured or otherwise invalid and findings of Arbitrator wrongly accepted by lower Court to be correct.‑[Award]. Abdul Rehman Munshi v. Dr. Abdul Malik and others 1968 S C M R 2, .. and Province of West Pakistan v. Messrs Architect Enizineer & Co. P L D. 1968 Dacca 245 ref. M. M. Mahmoodi for Appellant. S. Murtaza Hussain for Respondents. Date of hearing : 18th March, 1980.