ABID JAN vs MINISTRY OF DEFENCE through Secretary, Islamabad Maxim 'actus curiae neminem gravabit' — 2023 SCMR 1451 SUPREME-COURT

Case information

Citation: 2023 SCMR 1451 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: ABID JAN vs MINISTRY OF DEFENCE through Secretary, Islamabad Maxim 'actus curiae neminem gravabit'

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABID JAN VS MINISTRY OF DEFENCE through Secretary, Islamabad Maxim 'actus curiae neminem gravabit'---Scope---It is the foremost duty of a Court and Tribunal to do complete justice---Patent and obvious error or oversight on the part of Court in any order or decision may be reviewed sanguine to the renowned legal maxim "actus curiae neminem gravabit", which is a well-settled enunciation and articulation of law expressing that no man should suffer because of the fault of the Court, or that an act of the Court shall prejudice no one, and this principle also denotes the extensive pathway for the safe administration of justice---It is interrelated and intertwined with the state of affairs where the Court is under an obligation to reverse the wrong done to a party by the act of Court which is an elementary doctrine and tenet to the system of administration of justice beyond doubt that no person should suffer because of a delay in procedure or the fault of the Court---Court and Tribunal should be conscious and cognizant that nobody should become a victim of injustice as a consequence of their mistake and, in the event of any injustice or harm suffered by mistake of the Court, it should be remedied by making the necessary correction forthwith---According to the principle of restitution, if the Court is satisfied that it has committed a mistake, then such person should be restored to the position which he would have acquired if the mistake did not happen.

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