Case Details

Citation(s)
1963 SLG 3558 = 1963 SLD 3558 = 1963 PLD 551
Sindh High Court
Writ Petition No. 470 of 1960, decided on 12th February 1963.
Presented By: Qadeeruddin Ahmad and H. T. Raymond, JJ  
S. M. Sohail for Petitioner.   Sayeed A. Shaikh for
Respondents Nos. 1 & 2.   Dingomal for
Respondent No. 3.   Dates of hearing : 8th, 9th and 10th January-1963.

MUHAMMAD AYUB KHAN-Applicant  

VERSUS

  THE CUSTODIAN OF EVACUEE PROPERTY AND OTHERS-Respondents  

Law:

Section:

  Handwriting-Court may form own opinion by comparing disputed signature with admitted signature on affidavit.   Advocate-Acting on client's derogatory instructions which can be verified to be false by ordinary exercise of care-- Does not discharge his duty with due regard of his responsibility-- Grossly exaggerated, misleading and irresponsible statements dero gatory to trust reposed in counsel.   An Advocate does not discharge his duty with due regard of the responsibility of his high office if he uses derogatory instructions which can be verified by him to be false, by ordinary exercise of care. It is necessary for maintaining an atmosphere of mutual trust between the Court and an Advocate that the Advocate should not even state his inferences as facts. As the Court has a right to listen to a counsel with confidence, their trust is not respected if he makes grossly exaggerated, misleading or irresponsible statements.   Summons-Served on inmate of house (in Hyderabad) while party intended to be served is in Dacca-Not "good service."   Limitation Act (IX of 1908), S. 5-Quantum of delay not known-No material./or judging sufficiency or otherwise of reasons for delay-No ground for Court to exercise discretion to condone delay.   Where the quantum of delay is not known and, therefore, the sufficiency or otherwise of the reasons for the delay cannot be judged, there is no possibility of exercising the discretion to condone the delay.   Writ-Relief-Order impugned, itself illegal-Order dis missing Review application from such order not challenged in writ petition-Omission of no importance-Constitution of Pakistan (1956), Art. 170-[Muhammad Ismail v. Rehabilitation Commis sioner P L D 1960 Lah. 194 ref.].   Constitution of Pakistan (1962), Art. 98-Constitution of Pakistan (1956), Art. 170-Writ petition filed under Constitution of 1956-To be disposed of not under Art. 98 of Constitution of 1962 but under Art. 170 of Constitution of 1956.   Jurisdiction-"Defective" exercise of jurisdiction is lack of jurisdiction in the matter of issue of certiorari-Constitution of Pakistan (1956), Art. 170-Writ.…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register