PROVINCE OF EAST PAKISTAN vs ABDUL HAMID DARR AND Other — 1970 SCMR 558

Citation: 1970 SCMR 558

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: PROVINCE OF EAST PAKISTAN vs ABDUL HAMID DARR AND Other

Headnotes

Case cited as 1970 SCMR 558

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: PROVINCE OF EAST PAKISTAN vs ABDUL HAMID DARR AND Other Case No.:Civil Petitions for Special Leave to Appeal Nos. 96-D and 97-D of 1969 Civil JUDGMENT Reported As: 1970 SCMR 558 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-These two petitions have been filed by the Province of East Pakistan for leave to appeal from the orders of a Division Bench of the High Court of East Pakistan refusing to condone the delay in filing two appeals and dismissing the applications for the condonation of delay. These appeals were sought to be filed to challenge the compensation awarded by the Court as arbitrator under secti--on 93-A of the Town Improvement Act, 1953, in respect of certain lands. The award of the Court in the case of Abdul Hamid Darji and others (Civil Petition for Special Leave to appeal No. 96-D of 1969) was made on the 22nd of September 967, and the appeal had to be filed by the 15th of March 1968, gut the memorandum of appeal was actually filed on the 31st of May 1969, without any application for condonation of felay. This application was put in on the 6th of July 1969. It is said that in the Dacca High Court there is a practice according to which the application for the condonation, of delay is not put in until the memorandum of appeal is rejected by the office as being barred by time. If there is any such practice, it ought to be changed, because, the office of…

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