Case Details

Citation(s)
1988 SLG 218 1988 SLD 218 1988 SCMR 119
Supreme Court of Pakistan
Petition for Leave to Appeal No. 102 of 1987, decided on 24th October, 1987, Date of hearing: 24th October, 1987. (On appeal from the judgment and order of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 11th March, 1987 in Criminal Appeal No.
ASLAM RIAZ HUSSAIN, JUSTICE, JAVID IQBAL, JUSTICE
Malik Saeed Hassan, Senior Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for the State. Nemo for
Respondent.

NAZAR HUSSAIN ALIAS NAJJI

VS

THE STATE

Law: Civil Procedure Code (V of 1908)

Section: 3

Law: Limitation Act, 1908

Section: 21

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--   ---O. XXXII, R. 3--Limitation Act (IX of 1908), S.22--Punjab Pre-emption Act (I of 1913), S.21--Constitution of Pakistan (1973), Art.185(3)--Suit against minor-- Appointment of guardian ad litem-­Limitation--Pre-emption suit--One of vendees who was minor not sued through a guardian ad litem--Prayer for amendment to sue him through guardian ad litem made after expiry of period of limitation, rejected-­Order impugned--Matter having been thoroughly discussed by High Court and rejected by a well--reasoned order, Supreme Court declined to interfere--Petition for leave to appeal dismissed.   Mohammad Ismail etc. v. Muhammad Sarwar etc. 1980 S C M R 254 rel. ORDER JAVID IQBAL, J.- This is a petition for leave to appeal in which the petitioner has challenged the conviction under section 304-A, PPC and sentence of five years R.I. plus fine awarded thereunder. The petitioner was tried on a charge under the aforesaid section by the Judicial Magistrate with powers under. section 30 Cr.P.C. Bahawalnagar who convicted him under the aforesaid section and sentenced him to five years R.I. plus fine. On appeal the Lahore High Court Bahawalpur Bench Bahawalpur maintained his conviction and sentence. Briefly the facts are that on the fateful day the petitioner was driving a bus when it struck against a motor-cycle driven by Mohammad Tayyab on which Abdul Hamid was sitting at the back seat. On the collision Abdul Hamid was thrown aside…
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