| Citation(s) |
|---|
| 2007 SLG 2953 2007 SLD 2953 2007 PLD 224 |
Sindh High Court
Suit No. Nil of 1998, decided on 19th December, 2006
ANWAR ZAHEER, JAMALI, MUHAMMAD MUJEEBULLAH SIDDIQUI AND RAHMAT HUSSAIN, JAFFERI, JJ
Shafi Muhammadi, Abid Akram, Munir A. Malik along with Adnan Chaudhry, B.M. Bangesh, Mazhar Ali B. Chohan, Amir Malik. K.A. Wahab for Plaintiffs.
Suit No. Nil of 1998, decided on 19th December, 2006
ANWAR ZAHEER, JAMALI, MUHAMMAD MUJEEBULLAH SIDDIQUI AND RAHMAT HUSSAIN, JAFFERI, JJ
Shafi Muhammadi, Abid Akram, Munir A. Malik along with Adnan Chaudhry, B.M. Bangesh, Mazhar Ali B. Chohan, Amir Malik. K.A. Wahab for Plaintiffs.
UMEED ALI and 12 others--Plaintiffs
VS
GOVERNMENT OF Sindh court and others
Law:
Section:
Court Fees Act (VII of 1870)--- ----S.17 & Sched. I, Art.1---Sindh Finance Ordinance (VII of 1977), S.2---Sindh Finance Act (IV of 1990), Ss.4 & 6---Constitution of Pakistan (1973), Arts.2-A & 37(d)---Multifarious suits---Maximum court fee payable---Plaintiffs jointly maintaining one suit---Ends of social justice---Question posed in Reference for determination before Full Bench of High Court was with regard to affixing of maximum Court fee in a suit having different plaintiffs with distinct subjects---Despite amendment in Court Fees Act, 1870, made by Ss.4 and 6 of Sindh Finance Act, 1990, thereby repealing earlier amendment in Art. 1 of Sched. 1 of Court Fees Act, 1870, introduced by S.2 of Sindh Finance Ordinance, 1977, the position had remained unchanged i.e. maximum court-fee recoverable was still in the sum of Rs.15,000---In chargeability of court-fee in suits, reference to Arts.2-A and 37 (d) of the Constitution was also pertinent, as by virtue of the same, State was obliged to promote ends of social justice by providing inexpensive and expeditious justice to every citizen of country---Following the guidelines given by Supreme Court in case titled Aslam Industries (Pvt.) Limited Khanpur v. Pakistan Edible Corporation and others, reported as 1993 SCMR 683, all questions proposed in Reference were answered in affirmative by the Full Bench accordingly. Aslam Industries (Pvt.) Limited, Khanpur v. Pakistan Edible Corporation and others 1993 SCMR 683 fol. Avan A. Cowasji v. Nasreen Nizam 1984 CLC 2705; I.S. Venkatanarayana Lyer v. The State of Madras AIR 1953 Madras 888; D. Lakshminarayana Chettiar AIR 1954 Madras 594; AIR 1954 Mad. 602; Federation of Pakistan v. The General Public PLD 1988 SC 645; Government of Sindh and others v. Sharaf Faridi and others PLD 1994 SC 105; Government of Balochistan v. Azizullah Memon and 16 others PLD 1993 SC 341; Al-Jehad Trust through Raeesul Mujahideen Habib-ul-Wahabe-ul-Khari and others v. Federation of Pakistan and others PLD 1996 SC 324; Aftab Shaban Mirani v. President of Pakistan and others 1998 SCMR 1863; New Jubilee Insurance Company Ltd., Karachi v. National Bank of Pakistan PLD 1999 SC 1126; Mehram Ali…
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