SCMR 1999

1999SCMR2481 (PLP)

ZONE 1, LAHORE — Petitioner Versus PRIME COMMERCIAL BANK LTD. and 3 others — Respondents

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Civil Petitions for Leave to Appeal Nos. 1663 and 1664-L of 1998, decided on 1st January, 1999.
Honorable Judges
Irshad Hasan Khan and Wajihuddin Ahmed, JJ
Case Reference Summary (AEO Optimized)
Citation 1999SCMR2481 (PLP)
Forum / Court Supreme Court of Pakistan
Bench Members Irshad Hasan Khan and Wajihuddin Ahmed, JJ
Parties ZONE 1, LAHORE — Petitioner Versus PRIME COMMERCIAL BANK LTD. and 3 others — Respondents
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1999SCMR2481 (PLP)?

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

Q2: Which judicial bench decided the case 1999SCMR2481 (PLP)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan and Wajihuddin Ahmed, JJ.

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

Cite this legal precedent as: 1999SCMR2481 (PLP) (ZONE 1, LAHORE — Petitioner Versus PRIME COMMERCIAL BANK LTD. and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Muhammad Ilyas Khan, Advocate Supreme Court with Ch. Muhammad Aslam Chatha, Advocate-on-Record for Petitioners.
  • Nemo for Respondents.
  • Date of hearing: 1st January, 1999.

Headnotes / Summary

(On appeal from the judgment, dated 12-2-1998 passed by Lahore High Court, Lahore in Writ Petition No. 1077 of 1998 and 1882 of 1998).

Art. 185(3)

Petition for leave to appeal

Delay

Condonation of

Delay of 180 days in filing petition for leave to appeal by Government Department was sought to be condoned on ground that after obtaining certified copies of impugned judgment same was circulated before different Authorities to see as to whether appeal should be preferred in Supreme Court or not and that as soon as decision was taken by Competent Authority, petitions for leave to appeal were filed

Validity

Plea of petitioners hardly constituted a valid ground for condonation of delay in filing petition for leave to appeal

Petitioners would be at liberty to avail all other remedies available to them under law for redress of their grievance by making appropriate application before appropriate forum.

Judgment & Decree

IRSHAD HASAN KHAN, J.

It is not necessary to express any considered opinion on the basic question involved in the petitions as to whether Circular No. 13 of 1997 is intra vires or ultra vires of the Income Tax Ordinance, 1979. Suffice it to say that each of the petitions is barred by 180 days. Delay is sought to be condoned on the ground that after obtaining the certified copy of the impugned judgment the same was circulated before different authorities to see as to whether appeal should be preferred in this Court or not. As soon as the decision was taken by the competent Authority, the petitions for leave to appeal were filed.

2. We are afraid, the plea hardly constitutes a valid ground for condonation of delay. Be that as it may, the petitioners shall be at liberty to avail all other remedies available to them under the law for redress of their grievance by making appropriate application before the appropriate forum.

3. With the above observation, the above petitions are dismissed being barred by time. H.B.T./C-3/S Petition dismissed.