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1970 SCMR 9

MUHAMMAD AZIM KHAN AND Another vs THE DISTRICT TRIBUNAL, MIANWALI

Citation1970 SCMR 9
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 258 of 1969 Writ Petition No.
Date1969-07-10
Judge(s)Hamoodur Rahman, Muhammad Yaqub Ali Khan
ResultOrder accordingly

ORDER

1. MUHAMMAD YAQUB ALI, J.-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.

2. 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.

3. Two weeks time is granted to make up the deficiency in the court-fee stamp.

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