1981 PLP 1323 (CLC)
Syed AKHTAR HUSSAIN ‑Defendant/Appellant Versus MUHAMMAD TAHIR ALAM AND ANOTHER‑Plaintiff/ Respondents
| Citation | 1981 PLP 1323 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Syed AKHTAR HUSSAIN ‑Defendant/Appellant Versus MUHAMMAD TAHIR ALAM AND ANOTHER‑Plaintiff/ Respondents |
Q1: What are the key laws and sections cited in 1981 PLP 1323 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1323 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1323 (CLC) (Syed AKHTAR HUSSAIN ‑Defendant/Appellant Versus MUHAMMAD TAHIR ALAM AND ANOTHER‑Plaintiff/ Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- A. R. Akhtar for A.‑G. for Respondents.
Headnotes / Summary
‑‑ S. 151 read with Court Fees Act (VII of 18‑70), Ss. 13, 1.4 & 15‑ Excess court‑fee, refund of‑‑‑Inherent jurisdiction‑Ex debito justitiae declaration ‑‑ Appellant inadvertently paying excess court‑fee on appeal‑Held, in such circumstances Court can in exercise of its inherent jurisdiction, in interest of justice, grant declaration as to memorandum of appeal being overvalued and leave party concerned to apply to revenue authorities for refund.
Judgment & Decree
MUHAMMAD TAHIR ALAM AND ANOTHER‑Plaintiff/ Respondents High Court Appeal No. 37 of 1980, decided on 11th December, 1980.
‑‑ S. 151 read with Court Fees Act (VII of 18‑70), Ss. 13, 1.4 & 15‑ Excess court‑fee, refund of‑‑‑Inherent jurisdiction‑Ex debito justitiae declaration ‑‑ Appellant inadvertently paying excess court‑fee on appeal‑Held, in such circumstances Court can in exercise of its inherent jurisdiction, in interest of justice, grant declaration as to memorandum of appeal being overvalued and leave party concerned to apply to revenue authorities for refund. Messrs British India Engineering Works, Karachi v. Messrs Globe Navigation Ltd. and 2 others P L D 1978 Kar. 375 rel. R. A. Qureshi for Appellant. A. R. Akhtar for A.‑G. for Respondents.