Law: Constitution of Pakistan, 1973

Section: 199

Law: Specific Relief Act, 1877

Section: 12

(a) Lessor and lessee--- ----Lease agreement, cancellation of---Lease agreements between the National Highway Authority ('the Authority') and petitioners (lessees) were cancelled by the Authority pursuant to a clause of the conditions of the lease agreements---Stance taken by the Authority was that in terms of the said clause the lessees did not pay the advance ground rental charges and the approach rental charges within a period of six months of the execution of the lease agreements ---Held, that petitioners candidly admitted that they had committed default in the payment of annual ground rent but were of the view that prior to the termination of the lease agreements, the Authority should have given an opportunity to the petitioners to cure the default by paying the accumulated rent---Petitioners were unable to satisfy the Court by producing deposit receipts to show that the advance ground rental charges had been paid without a delay beyond the stipulated ninety days of the due dates---Petitioners were also unable to dispute the Authority's contention that the lessees were not utilizing the land for the purpose for which the lease agreements were executed---On account of a clear default in the payment of ground rental charges by the petitioners, they could not be granted any relief in the constitutional jurisdiction of the High Court---Constitutional petition was dismissed accordingly. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of the High Court---Scope---Contracts between State functionaries and private entities---Ordinarily, the High Court in exercise of its jurisdiction under Art. 199 of the Constitution, did not entertain a writ petition filed by a petitioner against an instrumentality of the State with whom such a petitioner had executed a contract---However, the State or its instrumentality when engaged in contracts had a duty to act fairly, reasonably and in the public interest, and an infraction of such duty would be amenable to examination in writ jurisdiction. (c) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of the High Court---Scope---Alternate and efficacious remedy---When an alternative and…

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