IMRAN AHMAD KHAN NIAZI vs Main MUHAMMAD SHAHBAZ SHARIF Procedural law, compliance with — 2023 SCMR 636 SUPREME-COURT

Case information

Citation: 2023 SCMR 636 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: IMRAN AHMAD KHAN NIAZI vs Main MUHAMMAD SHAHBAZ SHARIF Procedural law, compliance with

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

IMRAN AHMAD KHAN NIAZI VS Main MUHAMMAD SHAHBAZ SHARIF Procedural law, compliance with---Penal provisions, interpretation of---Exercise of discretion by court---Scope---Compliance with rules of procedure is fundamental to the pace and course of the litigation---When construing penal provisions, the exercise of judicial discretion by the Court has to be based on sound reasons that the circumstances justify---Judicial discretion in itself has inbuilt restraint which means that the Court cannot ignore facts and circumstances prevailing at the time and where such error can be corrected or condoned for adequate reasons, the court can condone the non-compliance in furtherance of justice because there has been no deliberate attempt to ignore an order of the court---Further penal provisions do not mandate that they be applied in a mechanical way in every case rather it must be a thoughtful step, based on circumstances, that indicates willful failure, deliberate default and intentional non-performance.

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