ZAKIR MEHMOOD vs SECRETARY, MINISTRY OF DEFENCE (D — 2023 SCMR 960 SUPREME-COURT

Case information

Citation: 2023 SCMR 960 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: ZAKIR MEHMOOD vs SECRETARY, MINISTRY OF DEFENCE (D
Subject matter: Criminal
Provisions referred to: S. 5; Civil Procedure Code (V of 1908)

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

ZAKIR MEHMOOD VS SECRETARY, MINISTRY OF DEFENCE (D.P), PAKISTAN SECRETARIAT, RAWALPINDI S. 5(2)---Civil Procedure Code (V of 1908), Ss. 35, 151 & O. XLI, R. 35(3)---appeal filed before the Federal Service Tribunal ("Tribunal")---'actual costs' and 'special costs'---Tribunal can impose actual costs and special costs while deciding the service appeal of a civil servant---First appellate court can award the actual costs incurred in appeal as per provisions of Rule 35(3) of Order XLI, C.P.C. and can also impose special costs in the exercise of its inherent powers under section 151, C.P.C. if the facts and circumstances of the case necessitate the making of such an order to secure the ends of justice or to prevent the abuse of the process of the court---Both these powers are also available to the Service Tribunal while deciding an appeal under the Service Tribunals act, 1973.

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