Delay in availing remedy
Delay in availing remedy legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Petitioner invoking relief under Art. 199 of the Constitution must approach the Court with clean hands and without undue delay
Doctrine of laches, founded on equitable principles, is firmly embedded in our jurisprudence
It presumes that those who sleep on their rights and delay seeking redress demonstrate abandonment of claim
Doctrine of laches is a discretionary bar against equitable relief, particularly where prolonged delay affects administrative processes or causes injustice to others
Equitable maxim "delay defeats equity" remains relevant
Petitioner who sought relief after an excessive lapse of lime cannot reasonably expect judicial intervention, especially when public employment or third-party rights were involved
Doctrine of laches is founded on the maxim "vigilantibus non dormientibus jura subveniunt", the law assists those who are vigilant of their rights.
Any person may have an enforceable right but if he fails to enforce such right within the time stipulated by law then the right becomes unenforceable.
Person who knocked the door of an equity Court with an inordinate delay, had to justify such delay.
Invoking of remedy by some aggrieved party beyond the prescribed period of limitation created valuable legal rights in favour of the opposite party, therefore, in such cases delay of each day was to be explained by the defaulting party to the satisfaction of the court, which could not be condoned lightly or as of routine, as such arbitrary exercise of discretion would cause serious prejudice to the interest of the opposite party.
"Delay in availing remedy", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124942360
Precedents & Case Laws citing "Delay in availing remedy"
2021 Y L R 1676
MUHAMMAD YASIR — Petitioner Versus ADDITIONAL DISTRICT JUDGE, ISLAMABAD-WEST and others — Respondents
Court: Islamabad2025 P L C (C
ZAKIR HUSSAIN Versus PROVINCE OF SINDH through Secretary Agriculture and 2 others
Court: Sindh High Court (Sukkur Bench)P L D 2024 Supreme Court 235
Ex. Col. MUHAMMAD AZAD MINHAS and another — Appellants/Petitioners Versus FEDERATION OF PAKISTAN through Secretary Ministry of Defence and others — Respondents
Court: Supreme Court of PakistanP L C (C
MUHAMMAD ASLAM Versus WAPDA through Chairman, WAPDA and 2 others
Court: Federal Service Tribunal2007 P L C (C
MUHAMMAD IBRAHIM Versus PAKISTAN OIL SEED DEVELOPMENT BOARD and others
Court: Supreme Court of Pakistan2006 SCMR 95
MUHAMMAD IBRAHIM — Appellant Versus PAKISTAN OIL SEED DEVELOPMENT BOARD and others — Respondents
Court: Supreme Court of Pakistan2004 S C M R 400
FARZAND RAZA NAQVI and 5 others ‑‑‑Petitioners Versus MUHAMMAD DIN through Legal Heirs and others‑‑‑Respondents
Court: Supreme Court of PakistanP L D 1993 Karachi 709
Messrs HAFIZ TEXTILE MILLS LIMITED ‑‑‑ Petitioner Versus COMMISSIONER FOR WORKMEN'S COMPENSATION
Court:2025 C L C 1328
MUHAMMAD IQBAL HUSSAIN — Petitioner Versus MINISTRY OF INTERIOR and 5 others — Respondents
Court: IslamabadP L D 2011 Supreme Court 676
Dr. MUHAMMAD SHAHID MIAN and another — Petitioners Versus FAIZ-UR-REHMAN FAIZI — Respondent
Court: High Court