| Citation(s) |
|---|
| 2020 SLG 751 2020 SLD 751 2020 PLD 400 |
Lahore High Court
I.C.A. No. 434 of 2009, hearing Date : 22-11-2019
AYESHA A. MALIK, JUSTICE SHAHID, JAMIL KHAN, JUSTICE MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE
Salman Akram Raja, Abuzar Salman Khan Niazi, Arslan Riaz, Tariq Bashir and Nadeem Shahzad Hashmi for Appellants. Ch. Muhammad Yaqoob, Ch. Imran Raza Chadhar and Ch. Qasim Raza Chadhar, for Private
Respondents. Sahibzada Anwar Hameed, Advocates for Respo
I.C.A. No. 434 of 2009, hearing Date : 22-11-2019
AYESHA A. MALIK, JUSTICE SHAHID, JAMIL KHAN, JUSTICE MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE
Salman Akram Raja, Abuzar Salman Khan Niazi, Arslan Riaz, Tariq Bashir and Nadeem Shahzad Hashmi for Appellants. Ch. Muhammad Yaqoob, Ch. Imran Raza Chadhar and Ch. Qasim Raza Chadhar, for Private
Respondents. Sahibzada Anwar Hameed, Advocates for Respo
UNITED BANK LTD. THROUGH AUTHORISED ATTORNEYS OF THE BANK AND 2 OTHERS
VS
MUHAMMAD ASHRAF AND ANOTHER
Law: Constitution of Pakistan, 1973
Section: 199
(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Object and scope---Interpretation of terms of contract and enforcement---Scope--- High Court, in ordinary circumstances, cannot embark upon interpretation of terms of contract and its enforcement---Such rights, involving disputed facts, cannot be enforced by taking recourse to Constitutional jurisdiction---Entertainment of Constitutional petition in such a case may defeat very purpose of law under which competent courts are established and vested with jurisdiction under law---Constitutional remedy is primarily a public remedy and is not generally available against private wrongs---Such jurisdiction is equipped to serve as a judicial control over administrative actions and where dispute is of a private character and not for enforcement of fundamental rights as of public duty, Constitutional petition is not maintainable for resolution of such private dispute---Constitutional jurisdiction being discretionary and extraordinary, is exercised in grave cases rather than in routine---Despite extensive nature of powers and jurisdiction, it does not enable a High Court to act as an appellate forum as various trappings or limitations are required to be satisfied before said jurisdiction is to be assumed by High Court. Noor Muhammad Qureshi and another v. The Divisional Superintendent, Pakistan Railways, Quetta 1979 SCMR 157; Lahore Cantonment Co-operative Housing Society Limited, Lahore, Cantt. through Secretary v. Dr. Nusrat Ullah Chaudhry and others PLD 2002 SC 1068; Pakcom Limited and others v. Federation of Pakistan and others PLD 2011 SC 44; Qazi Munir Ahmed v. Rawalpindi Medical College and Allied Hospital through Principal and others 2019 SCMR 648 = 2019 PLC (CS) 928 and Maj. (Retd.) Syed Muhammad Tanveer Abbas and another v. Federation of Pakistan through Secretary, Ministry of Interior and another 2019 SCMR 984 rel. (b) Constitution of Pakistan--- ----Art. 199---Law Reforms Ordinance (XII of 1972), S. 3---Constitutional jurisdiction of High Court---Scope---Constractual obligations, fulfilment of---Appellant Bank introduced investment scheme but before maturity, decreased…
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