Home Maxims & Terms Delay in availing remedy meaning in Urdu
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Delay in availing remedy

Delay in availing remedy legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2025 PLC(CS) 1329 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Art. 199Writ jurisdiction of High CourtScope and natureDelay in availing remedyEffectLaches as a discretionary bar in equitable reliefScopeInvolvement of third party rightsEffectExercise of writ jurisdiction is discretionaryPrinciples of equity, such as delay, acquiescence and waiver must be considered

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.

2024 PLD 235 SUPREME-COURT Judicial Precedent
Delay in availing remedyEffectDelay defeats equity and equity leans in favour of the vigilant

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.

2021 YLR 1676 ISLAMABAD Judicial Precedent
Delay in availing remedyEquity aids the vigilant and not the indolent

Person who knocked the door of an equity Court with an inordinate delay, had to justify such delay.

2013 CLD 1581 SUPREME-COURT Judicial Precedent
Delay in availing remedyCondonation of delayScope

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.

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Precedents & Case Laws citing "Delay in availing remedy"

YLR 2021
Writ Petition No. 1343 of 2021, decided on 9th April, 2021.

2021 Y L R 1676

MUHAMMAD YASIR — Petitioner Versus ADDITIONAL DISTRICT JUDGE, ISLAMABAD-WEST and others — Respondents

Court: Islamabad
PLC(CS) 2025
C.P. No.D-1462 of 2020, decided on 17th April, 2025.

2025 P L C (C

ZAKIR HUSSAIN Versus PROVINCE OF SINDH through Secretary Agriculture and 2 others

Court: Sindh High Court (Sukkur Bench)
PLD 2024
2023-September-12

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 Pakistan
PLC(CS) 2000
Appeal No. 56 (L) of 1998, decided on 25th March, 1999.

P L C (C

MUHAMMAD ASLAM Versus WAPDA through Chairman, WAPDA and 2 others

Court: Federal Service Tribunal
PLC(CS) 2007
Civil Appeal No.85 of 2000, decided on 9th March, 2005.

2007 P L C (C

MUHAMMAD IBRAHIM Versus PAKISTAN OIL SEED DEVELOPMENT BOARD and others

Court: Supreme Court of Pakistan
SCMR 2006
Civil Appeal No. 85 of 2000, decided on 9th March, 2005.

2006 SCMR 95

MUHAMMAD IBRAHIM — Appellant Versus PAKISTAN OIL SEED DEVELOPMENT BOARD and others — Respondents

Court: Supreme Court of Pakistan
SCMR 2004
Civil Petition No. 147 of 2002, decided on 26th September, 2002.

2004 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 Pakistan
PLD 1993
Constitutional Petition No.58 of 1990, decided on 10th January, 1993.

P L D 1993 Karachi 709

Messrs HAFIZ TEXTILE MILLS LIMITED ‑‑‑ Petitioner Versus COMMISSIONER FOR WORKMEN'S COMPENSATION

Court:
CLC 2025
2025-April-29

2025 C L C 1328

MUHAMMAD IQBAL HUSSAIN — Petitioner Versus MINISTRY OF INTERIOR and 5 others — Respondents

Court: Islamabad
PLD 2011
2011-March-4

P L D 2011 Supreme Court 676

Dr. MUHAMMAD SHAHID MIAN and another — Petitioners Versus FAIZ-UR-REHMAN FAIZI — Respondent

Court: High Court