Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Civil Petition for Special Leave to Appeal No. 258 of 1969, decided on 10th July 1969.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 6th May 1969, in Writ Petition No. 573 of 1969).
------, Arts. 58(3) & 98‑Order passed in writ petition by High Court concerning criminal matter‑Petition for Special Leave to Appeal from such order‑One of civil nature Requires court fee stamp of Rs. 250‑Supreme Court Rules, 1956, O. XIII & Third Sched., Part II.
A. A. K. Lodhi, Senior Advocate Supreme Court instructed by Wali Muhammad, Senior Attorney for Petitioners.
Nemo for Respondents.
Date of hearing : 10th July 1969.
This petition for leave to appeal from an order of the High Court passed under Article 98 of the 1962‑Constitution is not properly stamped. It is contended that as the relief claimed in the High Court was release of the petitioners on bail pending the proceedings initiated against them under the West Pakistan Control of Goondas Ordinance, the petition for leave to appeal was of criminal nature and did not require the stamp of Rs. 250.
This Court has recently held in the case of Ex‑Captain Muhammad Akram Khan that a petition for leave to appeal arising from a writ petition under Article 98 is of a civil nature and requires a court‑fee stamp of Rs. 250. We see no reason to depart from the view formed by the Full Court and the uniform practice followed so far. The petition is, accordingly, found to be insufficiently stamped.
Two weeks time is granted to make up the deficiency in the court‑fee stamp.
Order accordingly
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer