PROVINCE OF EAST PAKISTAN vs SAMIRUDDIN AND Other — 1971 SCMR 89

Citation: 1971 SCMR 89

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: PROVINCE OF EAST PAKISTAN vs SAMIRUDDIN AND Other

Headnotes

Case cited as 1971 SCMR 89

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: PROVINCE OF EAST PAKISTAN vs SAMIRUDDIN AND Other Case No.:Civil Petitions for Special Leave to Appeal Nos. 120-D to 124-D, 127-D to 132- JUDGMENT Reported As: 1971 SCMR 89 Result: Petitions dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-These 18 petitions have been filed by the Province of East Pakistan for leave to appeal from interim orders passed by a Division Bench of the High Court of East Pakistan an application for stay of execution made in 18 appeals filed in the High Court against awards passed by the Arbitrator, Dacca, under the Town Improvement Act, 1953, in respect of certain lands acquired for the purposes of Government. In each of these applications a rule was first issued and then the High Court disposed of each of the rules by separate orders in the following terms :- "The rule is made absolute on the grounds stated in the petition on condition that the entire decretal dues including costs will be deposited within one month from today in the executing Court. In default the rule will stand discharged. I n case the decretal dues and costs are deposited the opposite-party will be at liberty to withdraw the same on furnishing security to the satisfaction of the executing Court." The Province of East Pakistan seeks leave to appeal from these interim order's on the ground that the High Court's order is self-contradictory. Although it states in the beginning that -the…

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