Law:

Section:

(a) Constitution of Pakistan (1973)--Arts. 185, 175(2) & 187---Supreme Court Rules, 1980, O.XXXIII, R. 5 & O.XII, R.5---Civil Procedure Code (V of 1908), O.XLI, Rr.22, 33 & O.XLII, R.1---Limitation Act (IX of 1908), S.5---Appellate, inherent and generalised powers of Supreme Court---Petition for leave to appeal ---Cross-objections--­Condonation of delay---Petition for leave to appeal in essence being a direct appeal, can be treated as such and condonation of delay can be allowed--­Principles---Where a respondent has neither preferred a petition for leave nor resorted to filing of appeal, Court has ample authority and full powers to extend relief to him provided that such is necessary either to do complete justice between the parties or the case otherwise involves invocation of Court's inherent powers---In so doing, however, party likely to be affected adversely would be entitled to be heard and place its own point of view as regards the order proposed to be, thus, passed---Appeal itself being subject to leave of the Court, same rule would apply to the cross-objections which were in the nature of a cross-appeal. Pakistan v. Waliullah Sufyani PLD 1965 SC 310 fol Paresh Chandra Biswas and others v. Tapen Kanti Choudhury and others PLD 1963 SC 598; Pakistan v. Waliullah Sufyani PLD 1965 SC 310; T.N. Angami v. Revoluei AIR 1972 SC 42; Ramanbhai Ashabhai Patel v. Debhi Ajitkumar AIR 1965 SC 669; Province of West Pakistan v. Associated Hotels of India Ltd. 1973 SCMR 367; Muhammad Nawaz v. Hussain Shah 1990 SCMR 1621 and Abdur Rauf Khan v. Land Acquisition Collector 1992 SCMR 1181 ref. (b) Land Acquisition Act (I of 1894)--- ----Ss. 28 & 23(2)---Compensation---Determination---Yardstick of compensation in another acquisition case could not be applied to a case, without examining all the attending circumstances and analogies applicable to the acquisition in question---Principles---Supreme Court, in circumstances, enhanced the compensation with award of interest. JUDGMENT WAJIHUDDIN AHMED, J.---This is an appeal of the Provincial Government by right under Article 185(2) of the Constitution of Pakistan. The same arises from the acquisition proceedings.…

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