| Citation(s) |
|---|
| 2018 SLG 352 2018 SLD 352 2018 PLJ 7 |
Supreme Court (AJ&K)
Civil Appeal No. 70 of 2015, decision Date : 22.5.2017. Hearing Date : 11.4.2017. (On appeal from the judgment of the High Court Dated 26.06.2014 in W.P. No. 1645/2011)
RAJA SAEED AKRAM KHAN, JUSTICE, GHULAM MUSTAFA MUGHAL, JUSTICE
Raja Ikhlaq Hussain Kiani, Additional Advocate General for Appellants. Miss Kokab Al-Sabah Roohi, Advocate for
Respondent No. 1. Mr. Raza Ali Khan, Syed Nazir Hussain Shah Kazmi, Raja Muhammad Hanif Khan and Barrister Humayun Nawaz Khan, Advocates for Amicus Curiae.
Civil Appeal No. 70 of 2015, decision Date : 22.5.2017. Hearing Date : 11.4.2017. (On appeal from the judgment of the High Court Dated 26.06.2014 in W.P. No. 1645/2011)
RAJA SAEED AKRAM KHAN, JUSTICE, GHULAM MUSTAFA MUGHAL, JUSTICE
Raja Ikhlaq Hussain Kiani, Additional Advocate General for Appellants. Miss Kokab Al-Sabah Roohi, Advocate for
Respondent No. 1. Mr. Raza Ali Khan, Syed Nazir Hussain Shah Kazmi, Raja Muhammad Hanif Khan and Barrister Humayun Nawaz Khan, Advocates for Amicus Curiae.
AJ&K GOVERNMENT OF STATE OF JAMMU AND KASHMIR THROUGH CHIEF SECRETARY AND ANOTHER
VS
MUHAMMAD SIDDIQUE KHAN AND 3 OTHERS
Law: Contract, Act, 1872
Section: 37
Law: Azad Jammu and Kashmir Interim Constitution Act, 1974
Section: 44
Contract Act, 1872 (IX of 1872)-- ----S. 37--Contract and conditions--Contract are also creation of law and are legally enforceable--Violation of condition of contract amounts to violation of law as envisaged under S. 3 of Contract Act. AJ&K Interim Constitution Act, 1974 (VIII of 1974)-- ----S. 44--Contract & Contractual obligations--Writ jurisdiction--Scope--Validity--There is no bar for exercising writ jurisdiction regarding the matters arising out of the contracts or involving contractual obligations and liabilities. AJ&K Interim Constitution Act, 1974 (VIII of 1974)-- ----S. 44--Alternate remedy--Power of judicial review--Writ jurisdiction--Scope--Mere Availability of the alternate remedy should not be a hurdle in exercise of power of judicial review.P. 28 C AJ&K Interim Constitution Act, 1974 (VIII of 1974)-- ----S. 44--Private person--Writ jurisdiction--Scope--It is celebrated principle of law that remedy of writ is not available against the private person and the writ jurisdiction can only be exercised when the person performing functions in connection with the affairs of Azad Jammu and Kashmir or local authority is party. AJ&K Interim Constitution Act, 1974 (VIII of 1974)-- ----S. 44--Mala fide & partiality of statutory functionary--Scope and jurisdiction--Validity--Where a statutory functionary acts mala fidely or in a partial, unfair, unjust and oppressive manner, the High Court in the exercised of its writ jurisdiction has ample power to grant relief to the aggrieved party. AJ&K Interim Constitution Act, 1974 (VIII of 1974)-- ----S. 44--Contract--Scope and jurisdiction--Validity--There is no specific or absolute bar in exercising writ jurisdiction in the matters of contractual obligations, liabilities or claims based upon the contracts, subject to certain exception. Administration of justice-- ----Every case has to be judged and decided according to its own peculiar facts and circumstances--Appeal dismissed. JUDGMENT Ch. Muhammad Ibrahim Zia, CHIEF JUSTICE--The subject-matter of the titled appeal by leave of the Court is the judgment of the High Court dated 26.06.2014 through which the writ petition filed Respondent No.…
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