1981 PLP 6 (CLC)
MESSRS ZAMAN TEXTILE MILLS LTD.‑Petitioner Versus MESSRS ANWAR & COMPANY. KARACHI‑Respondent
| Citation | 1981 PLP 6 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Zaffar Hussain Mirza, J |
| Parties | MESSRS ZAMAN TEXTILE MILLS LTD.‑Petitioner Versus MESSRS ANWAR & COMPANY. KARACHI‑Respondent |
Q1: What are the key laws and sections cited in 1981 PLP 6 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 6 (CLC)?
The case was heard and decided by the Karachi bench comprising: Zaffar Hussain Mirza, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 6 (CLC) (MESSRS ZAMAN TEXTILE MILLS LTD.‑Petitioner Versus MESSRS ANWAR & COMPANY. KARACHI‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Date of hearing : 9th October 1978.
Headnotes / Summary
(a) interpretation of statutes‑ ‑‑ Retrospectivity‑Amendment in law touching an existing right Held, cannot operate retrospectively unless so expressed. Adnan Afzal v. Sher Afzal P L D 1969 S C 187 ref. (b) Arbitration Act (X of 1940)‑ ‑‑ S. 33‑Court closed for summer vacations and time allowed by Court for deposit of security expiring during such closure of Court Question of Award becoming rule of Co4rt, held, could not come into operation unless defendant failed to deposit security on re‑opening day of Court‑General Causes Act (X of 1897), S. 10.‑[Award]. Rakhadoo Issoo Kohari v. Narayan and others A I R 1959 Madh. Pr a. 352 ref. (c) Arbitration Act (X of 1940)‑ ‑ S. 33, second proviso [as omitted by Arbitration (Amendment) Ordinance (XXVII of 1977)]‑Prohibition of not entertaining application for setting aside award unless security furnished by defendant having been removed at time when Court could pass judgment in terms of award, defendants, held, possessed right to be heard in support of their objections on re‑opening day of Court‑Second proviso to S. 33 being a procedural provision and S. 33 itself being a remedial provision, such provisions, held, to be so construed as to advance remedy and prevent ends of justice from being defeated‑[Award]. Alhemdi Begun v. National Bank of Pakistan P L D 1976 Kar. 723 and Toor Gul v. Mumtaz Begum P L D 1971 S C 9 ref. Tahir Hussain for Manzoor Ahmed Khan for Plaintiff. Tariq Hussain for Defendant.
Judgment & Decree
Adnan Afzal v. Sher Afzal P L D 1969 S C 187 ref. (b) Arbitration Act (X of 1940)‑ ‑‑ S. 33‑Court closed for summer vacations and time allowed by Court for deposit of security expiring during such closure of Court Question of Award becoming rule of Co4rt, held, could not come into operation unless defendant failed to deposit security on re‑opening day of Court‑General Causes Act (X of 1897), S. 10.‑[Award]. Rakhadoo Issoo Kohari v. Narayan and others A I R 1959 Madh. Pr a. 352 ref. (c) Arbitration Act (X of 1940)‑ ‑ S. 33, second proviso [as omitted by Arbitration (Amendment) Ordinance (XXVII of 1977)]‑Prohibition of not entertaining application for setting aside award unless security furnished by defendant having been removed at time when Court could pass judgment in terms of award, defendants, held, possessed right to be heard in support of their objections on re‑opening day of Court‑Second proviso to S. 33 being a procedural provision and S. 33 itself being a remedial provision, such provisions, held, to be so construed as to advance remedy and prevent ends of justice from being defeated‑[Award]. Alhemdi Begun v. National Bank of Pakistan P L D 1976 Kar. 723 and Toor Gul v. Mumtaz Begum P L D 1971 S C 9 ref. Tahir Hussain for Manzoor Ahmed Khan for Plaintiff. Tariq Hussain for Defendant. Date of hearing : 9th October 1978.