Memons

P L D 2014 Sindh 374 Before Nadeem Akhtar and Shahnawaz Tariq, JJ MUHAMMAD YOUSUF---Petitioner Versus Haji FAIZ MUHAMMAD and others---Respondents Constitutional Petition No.D-1061 of 2010, decided on 13th March, 2014. (a) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Constitution of Pakistan, Art.199---Constitutional petition---Compromise decree, setting aside of---Ingredients---Fraud and misrepresentation---Scope---Contention of applicant was that respondents had not complied with the terms and conditions of compromise decree---Application filed under S.12(2), C.P.C. was dismissed concurrently---Validity---Parties had settled their dispute outside the court and entered into compromise and suit was decreed by way of compromise---Applicant had failed to establish any fraud or misrepresentation committed by the respondents upon the court---Section 12(2), C.P.C. had been introduced for adequate remedy to the aggrieved party if order or judgment was obtained by way of co...

P L D 2007 Supreme Court 35 Present: Iftikhar Muhammad Chaudhry, C. J., Abdul Hameed Dogar and Saiyed Saeed Ashhad, JJ Haji MUHAMMAD ISMAIL MEMON, ADVOCATE Complainant: In the matter of Criminal Miscellaneous Application No.226 of 2006, decided on 18th May, 2006. Civil servant--- ----Pensionary benefits, delay in---Good governance---Incident of death of an old retired civil servant and his wife was brought in the notice of Supreme Court directly---Contention of petitioner was that the death was due to starvation as the deceased civil servant could not get his pensionary benefits---Effect---Such was a pathetic condition that Government servants after having served for a considerable long period during which they gave their blood and sweat to the department had to die in a miserable condition on account of non-payment of pension / pensionary benefits etc.---Responsibility could be fixed upon the persons who were directly responsible for the same but at the same time it was an o...

PLD 2000 Supreme Court 792 Present: Sh. Ijaz Nisar, Sh. Riaz Ahmed and Rana Bhagwan Das, JJ DAULAT ALI through Legal Heirs and 2 othersPetitioners versus AHMAD through Legal Heirs and 2 othersRespondents Civil Petition for Leave to Appeal No. 1631: L of 1997, decided on 5th April, 2000. . (On appeal from the judgment dated 2121997 of Lahore High Court, Lahore, passed in Civil Revision No. 1761 of 1984). ' (a) Civil Procedure Code (V of 1908) 0. VI, R.8 & O.VIII, R.3QanuneShahadat (10 of 1984), Art.31AdmissionQuestion of fact having been expressly and unequivocally admitted in the pleadings, would not require any proof. (b) Colonization of Government Lands (Punjab) Act (V of 1912) S. 19Sepcific Relief Act (I of 1877), S.12Specific performance of agreement to sell landDocument entered into between the parties was merely an agreement to sell, specific performance whereof was postponed till such time the allottee had acquired full ownership rightsSuch a reservat...

P L D 2017 Islamabad 1 Before Miangul Hassan Aurangzeb, J NATIONAL HIGHWAY AUTHORITY---Appellant Versus Messrs CHINA PETROLEUM ENGINEERING CORPORATION---Respondent F.A.O. No.88 of 2015, decided on 22nd April, 2016. (a) Civil Procedure Code (V of 1908)--- ----S. 104 & O.XLIII, R.1---Arbitration Act (X of 1940), Ss. 39, 33 & 30---Appeal from order---Limitation---Appeal filed before High Court within prescribed time but, after removing office objections, re-filed after expiry of limitation period---Maintainability---Office objections raised and case file returned without fixing time for re-filing---Effect---Limitation period for filing an appeal under S. 39 of Arbitration Act, 1940 was ninety days, computed from the date of the order appealed from---Originally, the appeal had been filed within the time---Excluding the time period between when the office objections had been raised and the appeal returned, and when the appeal was re-filed, the appeal would have been barred by...