NCHD Writs by Safi Ur Rehman Awan Advocate Highcourt

16/09/2015

15/09/2015

I have filed this writ petition before Islamabad High Court on 24th March 2015 .I m planning to file writ for contempt of court and implementation soon on behalf of MCs ( DIKHAN,MIANWALI AND BHAKAR).

15/09/2015

2014 CLD 1020 LAHORE-HIGH-COURT-LAHORE
Side Appellant : GHULAM DASTGIR ASIF
Side Opponent : UNITED BANK LTD.
S. 22---Limitation Act (IX of 1908), Ss.5 & 12---Appeal---Limitation---Time for certified copy, exclusion of ---condonation of delay ---Banking Court passed judgment on 21-12-2005 against defendants who applied for certified copies on 22-12-2005, copies were prepared on 1-2-2006 and obtained on 27-4-2006, while appeal was filed on 16-5-2006---Defendants sought condonation of delay on the plea that no date was given by Copying Agency for delivery of copy, therefore, time spent in obtaining copies was to be excluded while calculating period of limitation---Contention of plaintiff bank was that provisions of Limitation Act, 1908, were not applicable to proceedings under Financial Institutions (Recovery of Finances) Ordinance, 2001---Validity---Time requisite for obtaining certified copies of judgment and decree to be appealed against was to be excluded for the purposes of computing period of limitation---Time requisite was deemed to be the time intervening between the day on which application for copy was made and the day actually intimated to defendants for delivery of copy---Copying Agency was to intimate date on which copy would be ready for delivery---Ambiguity existed as to whether any date for delivery of copies was communicated to defendants or not---Stamp of Copying Agency did not reveal as to when application for obtaining certified copies was made or when were the certified copies prepared or what was date of delivery intimated to defendants---Only date which appeared with stamp was 1-2-2006, i.e. purported date of preparation of certified copies---In absence of requisite dates plea raised by defendants was relied upon by High Court---Period spent in obtaining certified copies of judgment was excluded from computing period of limitation in filing of appeal---Application was allowed in circumstances.

15/09/2015

Non-deciding of appeal by Departmental Authorities—contention of the Authorities was that service Tribunal had wrongly condoned delay in filling appeal before tem as the departmental appeal before the Authorities filed by the civil servant was barred by time—Validity—As departmental appeal filed by the civil servant was not disposed of by any order in writing holding eh same as barred by time, the question of condonation or otherwise in filing departmental appeal did not arise—Service Tribunal did not commit any illegality in condoning the delay because the civil servant had been pursuing his remedy vigilantly from pillar to post but was not given the relief—Supreme court observed that the conduct of Authorities was not above board—Government functionaries were the noblest litigants but n the present case the Authorities had not given fair treatment to the civil servant—Appeal was dismissed. 2004 S C M R 527