Pakistan Case Law
1990 SCMR 314

FALAK SHER vs SACHAL and another

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Citation1990 SCMR 314
CourtSupreme Court of Pakistan
Case No.Criminal Miscellaneous Petition No, 25-K of 1989 in Criminal Appeal No, 23-
Date1989-06-22
Judge(s)Abdul Kadir Shaikh and Zaffar Hussain Mirza
Authored byAbdul Kadir Shaikh
ResultOrder accordingly
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a procedural correction regarding the issuance of bailable warrants in an appeal before the Supreme Court of Pakistan. The core legal question addressed is whether the Court can rectify an inadvertent omission in a previous judicial order regarding the issuance of warrants for a respondent's appearance. The Court held that it possesses the inherent authority to correct clerical or inadvertent omissions in its prior orders to ensure that the intended judicial directions are properly executed. Consequently, the Court ordered the issuance of bailable warrants against respondent-1 in the sum of Rs. 25,000 with two sureties, returnable through the Sessions Court, Nawab Shah, to secure the respondent's appearance before the Supreme Court. The principle laid down is that the Court retains the power to rectify accidental slips or omissions in its orders to reflect the actual judicial intent expressed at the time of granting leave to appeal.

Questions settled in this judgment
  • Can the Supreme Court rectify an inadvertent omission in a previous order regarding the issuance of bailable warrants?
  • Does the Court have the authority to correct clerical errors in its judicial orders?
bailable warrantsprocedural correctioninadvertent omissionjudicial orderSupreme Court procedure

ORDER

1. ABDUL KADIR SHAIKH, J.--While granting Leave to Appeal it was orally directed that bailable warrants shall issue against respondent-1 in the sum of Rs,25,000 with two sureties but due to an inadvertent omission the aforesaid direction was omitted in the order of this Court dated 12-5-1988.

2. ' We, therefore, direct that bailable warrants returnable through the Sessions Court, Nawab Shah, in the sum of Rs,25,000 with two sureties, each in the like amount, shall issue against respondent-1 for appearance before this Court.

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