Case Details

Citation(s)
2004 SLG 2548 2004 SLD 2548 2004 PLD 38
Lahore High Court
Writ Petition No. 12156 of 2003, decided on 22nd September, 2003
MUHAMMAD GHANI, J
Raja Mehmood Akhtar for Petitioner. Akhtar Ali Kureshe, A.A.G. (on Courts call)

SHAH MUQEEM PRESS CLUB

VS

CHIEF MINISTER and others

Law:

Section:

(a) Constitution of Pakistan (1973)------------Arts. 199 & 248(1)---Constitutional petition against Chief Minister and Minster---Not maintainable as mandated by, Art. 248(1) of the Constitution. (b) Constitution of Pakistan (1973)---- ----Arts. 199 & 248(1)---Punjab Financial Rules, Vol. I, R.8.15--­Earmarking of Government property for construction of Press Club and announcement of grant thereof by Chief Minister and Minister--­Constitutional petition challenging such action on basis of news item appearing in newspaper without producing any formal order in support thereof---Maintainability---Contention of petitioner was that without prior permission and. sanction of Board of Revenue, such property could not be given to the Press Club---Validity---No formal order had been placed on record---Constitutional petition conspicuously omitted mention of parting with such property---Authenticity, of news item could not be vouchsafed---Maintainability of such Constitutional petition thus would be questionable---Such contention would necessarily require holding of factual enquiry, which exercise could not be undertaken by the High Court in summary proceedings under Art. 199 of the Constitution---High Court dismissed the Constitutional petition in limine. (c) Constitution of Pakistan (1973)-- ---Arts. 120(1), 123(1) & 124---Punjab Financial Rule's, Vol. I, R.8.15--­Sanctioning of "grants-in-aid" to Press Clubs. Bar Associations, Cultural Associations and N.G.Os. etc., by Chief Minister and Minister--­Validity---Such grants would be covered by 8.8.15 of Punjab Financial Rules, under which Chief Minister and Minister had the power to sanction. (d) Constitution of Pakistan (1973)--- ----Art. 199---Specific Relief Act (I of 1877), S.54---Civil Procedure Code (V of 1908), O.XXXIX, R.2(3)---Constitutional petition---Suit for injunction to restrain defendants from illegally establishing Press Club and to get the same registered---Issuance of certificate of registration by Registrar despite restraint order passed by Civil Court ---Validity--­Nothing was available on record in proof of service of the Registrar--­Order sheet showed that summons had been received back…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492