1988 PLP 304 (SCMR)
COMMISSIONER OF INCOME-TAX (INVESTIGATION) — Petitioner Versus Miss SHIREEN AYUB KHAN — Respondent
| Citation | 1988 PLP 304 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Dorab Patel and Nasim Hasan Shah, JJ |
| Parties | COMMISSIONER OF INCOME-TAX (INVESTIGATION) — Petitioner Versus Miss SHIREEN AYUB KHAN — Respondent |
| Primary Law | Limitation Act (IX of 1908) |
Q1: What are the key laws and sections cited in 1988 PLP 304 (SCMR)?
This judgment primarily cites: Limitation Act (IX of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 304 (SCMR)?
The case was heard and decided by the High Court bench comprising: Dorab Patel and Nasim Hasan Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 304 (SCMR) (COMMISSIONER OF INCOME-TAX (INVESTIGATION) — Petitioner Versus Miss SHIREEN AYUB KHAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.Ilyas Khan, Advocate Supreme Court and M.Z.Khalil, Advocate-on-Record, for Petitioners.
- Ejaz Ahmad Khan, Advocate-on-Record for Respondents. Date of hearing: 8th March, 1980.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court dated 3-12-1975 in Tax Reference No.65 of 1972).
S.5--Constitution of Pakistan (1973), Art. 185(3)--Petition for leave to appeal--Limitation--Impugned judgment of High Court delivered on 3-12-1975 and application for certified copy submitted on 7-2-1976 i.e. 65 days after judgment was delivered when petition was already barred by time--Copy ready on 19-2-1976 and delivery thereof taken on 24-2-1976 but petition filed on 28-4-1976--No application filed to explain the delay and the grounds for its con donation--Petitions being barred by time dismissed on ground of limitation.
Judgment & Decree
NASIM HASSAN SHAH, J.--This order will dispose of Civil Petitions for Special Leave to Appeal Nos.463 and 502 of 1976 as the point involved in both of them is the same, namely, whether these petitions are not liable to dismiss on the ground of limitation. The relevant facts in this connection are that the judgment of the High Court in each case was delivered on 3-12-1975 and the application for grant of certified copy was submitted on 7-2-1976 i.e. 65 days after the judgment was delivered. The petition, therefore, was barred by time even when the application for the grant of certified copy was submitted. The copy was ready for delivery on 19-2-1976 and the delivery was taken on 24-2-1976. The petition was, however, filed on 28-4-1976. Thus, these petitions became further barred by time but no application even has been filed to explain the delay and the grounds on which it may be condoned. In these circumstances, both these petitions being barred by time are dismissed hereby on the ground of limitation. S.Q./C-10/S Petitions dismissed.