| Citation(s) |
|---|
| 2000 SLG 877 2000 SLD 877 2000 SCMR 1010 2000 SLD 1289 2000 SCMR 1010 |
Supreme Court of Pakistan
Civil Petitions Nos.893-L and 1059-L of 1999, decision dated: 24-11-1999.
SAIDUZZAMAN SIDDIQUI, CJ, SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
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Civil Petitions Nos.893-L and 1059-L of 1999, decision dated: 24-11-1999.
SAIDUZZAMAN SIDDIQUI, CJ, SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
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Messrs JAMES CONSTRUCTION COMPANY (PVT.) LIMITED, LAHORE through Executive Director and others
VS
PROVINCE OF THE PUNJAB through Secretary to the Government of the Punjab (Communication and Works) Department, Punjab, Lahore and others
Law:
Section:
Arbitration Act (X of 1940)--S.20---Stamp Act (11 of 1899), Ss. 12 & 36---Registration Act (XVI of 1908), Ss. 14 & 49---Constitution of Pakistan (1973), Art.185(3)---Award through the intervention of Court---Liability. of stamp duty ---Registration--Leave to appeal was granted by Supreme Court to examine the contentions that award having come about through the intervention of the Court, same was not liable to stamp duty in terms of S.12, Stamp Act, 1899; that award having been admitted in evidence the result was that under S.36, Stamp Act, 1899 its admission could not be challenged in the suit on the allegation that the same was deficiently stamped; that award coming into existence without the intervention of the Court was compulsorily registrable under S.14, Registration Act, 1908 otherwise same would be an invalid document without creating any right notwithstanding amendment in S.49, Registration Act, 1908 and that there was no authoritative pronouncement by Supreme Court of Pakistan on .the points---Respondent (counsel for the Provincial Government) by not controverting the stand taken by the petitioner contended that case of the Provincial Government to the effect that no person or Authority could be permitted to thrive on his/its ignorance of law certainly revolved around the resolution of the controversy one way or the other Mst. Farida Malik and others v. Dr. Khalida Malik and others 1998 SCMR 816 and Darshan Singh v. Messrs Forward India Finance (Pvt.) Ltd., New Dehli and others AIR 1984 Delhi 140 ref. Ghulam Haider Al-Ghazali, Addl. A.-G., Punjab with Rao Muhammad Yusuf Khan, Advocate-on-Record for Petitioners. Raja Abdul Razzaq, Advocate-on-Record for Respondents. Date of hearing: 24th November, 1999. ORDER CH. MUHAMMAD ARIF, J.---By this order we intend to dispose of Civil Petitions Nos.893-L and 1059-L of 1999 which arise out of a judgment, rendered by a learned Judge in Chambers of the Lahore High Court, Lahore in Civil Revision No. 1915 of 1998 against judgment, dated 19-11-1998 passed by a learned Civil Judge 1st Class Lahore directing petitioner Messrs Jame's Construction Company (Pvt.) Limited in a suit under section 20 of the…
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