Pakistan Case Law
1991 SCMR 920

PROVINCE OF SINDH vs Haji RAZZAQ And Other

⭐ Prefer in Google
Citation1991 SCMR 920
CourtSupreme Court of Pakistan
Case No.Civil Appeals Nos.137-K to 145-K of 1976 Civil Appeal No.139-K of 1976
Date1991-02-25
Judge(s)Abdul Kadir Shaikh, Naimuddin, Ajmal Mian, Sajjad Ali Shah and Nasir Aslam Zahid
ResultAppeals allowed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns an appeal before the Supreme Court of Pakistan regarding the correct legal position concerning the payment of court-fees on suits filed in the original side of the High Court of Sindh (formerly the Karachi Bench of the High Court of West Pakistan) and on appeals arising from judgments and orders passed on that original side. The core legal question addressed was whether the interpretation of the Court Fees Act in relation to these specific filings was correctly applied. The Supreme Court allowed the appeals and set aside the impugned judgment of the High Court. In doing so, the Court affirmed the legal principle established in the case of Firdous Trading Corporation v. Japan Cotton and General Trading Co. Ltd. (PLD 1961 Kar. 565). The Court held that the view taken in that precedent correctly states the law regarding the requirement and calculation of court-fees for suits and appeals originating from the original side of the High Court. The parties were ordered to bear their own costs.

Questions settled in this judgment
  • What is the correct legal position regarding the payment of court-fees on suits filed in the original side of the Sindh High Court?
  • Does the precedent in Firdous Trading Corporation v. Japan Cotton and General Trading Co. Ltd. correctly state the law on court-fee payments for the original side of the High Court?
  • Are court-fees applicable to appeals against judgments and orders passed on the original side of the Sindh High Court?
Laws & provisions referred
  • Court Fees Act
court-feeoriginal side jurisdictionHigh Court of Sindhcivil procedurestatutory interpretation

ORDER

1. For the reason,, recorded separately these appeals are allowed, and the separately these appeals are allowed, and the impugned judgment of the High Court is set aside and it is declared that view taken in the case of Firdous Trading Corporation v. Japan Cotton and General Trading Co. Ltd. (PLD 1961 Kar. 565) as to the payment of court-fee under the Court Fees Act on suits filed in the original side of the former High Court of West Pakistan (Karachi Bench), now Sindh High Court, and on appeals against the judgments and orders passed on the original side of that High Court states the correct position of law.

2. The parties are, however, left to bear their own costs.

Cited by 17 cases

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.