| Citation(s) |
|---|
| 1989 SLG 4010 1989 SLD 4010 = 1989 CLC 2110 |
Sindh High Court
First Appeal No. 14 of 1979, decided on 25th May, 1989.
Presented By: Haider Ali Pirzada, J
Riaz Ahmad for
Respondent.
First Appeal No. 14 of 1979, decided on 25th May, 1989.
Presented By: Haider Ali Pirzada, J
Riaz Ahmad for
Respondent.
PROVINCE OF SIND through Chief Secretary, Government of Sind, Karachi and 2 others--Appellants
VERSUS
MUHAMMAD NAWAB--Respondent
Law:
Section:
(a) Limitation Act (IX of 1908)-- ---S. 5--Civil Procedure Code (V of 1908), S.96--Delay of two days in filing appeal before High Court--Condonation of delay--Justification--Appellants properly explaining the delay in filing appeal and their conduct not appearing to be mala fide, contumacious or without due care and caution--No inaction, negligence, want of bona fides or lack of due care or attention could be imputable to appellants--Slow movement on the part of appellants could not lead to an inference of want of bona fides, inaction or negligence--Delay was thus condoned and appeal held to be within time. 1988 SCMR 304; 1987 SCMR 92; 1987 SCMR 1819; 1984 SCMR 1508; 1983 SCMR 1188 and PLD 1984 Kar. 191 distinguished. (b) Forest Act (XVI of 1927)-- ---Ss. 82 & 83--Amount payable to Government to be recoverable as `price'- Word `price'--Meaning and import of--Government empowered to take possession of goods if price not paid--`Price' is a sum of money at which an article is sold and is something which one accepts voluntarily in exchange for something else--Provincial Government has power to stop the removal of the goods even though the property has passed to third party--Government can take possession of goods till the price was paid and to sell the goods if the same was not paid when due. (c) Words and phrases-- --- Word `price'--Meaning--Word `price' connotes a sum of money at which an article is sold voluntarily m exchange for something. (d) Interpretation of statutes-- ---First rule of interpretation is that the words of a statute are first understood in their natural, ordinary or popular sense, unless there is something in the context, or in the object of the statute to suggest the contrary. (e) Forest Act (XVI of 1927)-- ---Ss. 82 & 83--Civil Procedure Code (V of 1908), S.96--Arrears of unpaid amount could be claimed through demand notice--Trial Court's judgment and decree for declaration and permanent injunction to restrain appellant from recovery of price of forest goods was thus not maintainable--Appeal allowed and judgment and decree of Trial Court set…