| Citation(s) |
|---|
| 2023 SLG 1158 2023 SLD 1158 2023 YLR 809 |
Peshawar High Court
Writ Petition No. 1565 of 2020, decided on 31st January, 2020.
MUZAMIL AKHTAR SHABIR, J
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Writ Petition No. 1565 of 2020, decided on 31st January, 2020.
MUZAMIL AKHTAR SHABIR, J
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MUHAMMAD AZHAR
VS
CHAIRMAN, AUCTION COMMITTEE, MUZAFFARGARH and 2 others
Law: Legal Practitioners and Bar Councils Act, 1973
Section: 56(1)
Law: Pakistan Legal Practitioners and Bar Councils Rules, 1976
Section: 175-C
Law: Constitution of Pakistan, 1973
Section: 199
(a) Legal Practitioners and Bar Councils Act (XXXV of 1973)--- ----S.56(n)---Pakistan Legal Practitioners and Bar Councils Rules, 1976, Rr.108-M 175-C---Constitution of Pakistan, Art. 199--- Constitutional petition---Maintainability---Bar Association, status of---Petitioner was aggrieved of cancellation of contract awarded to him by Bar Association---Validity---Bar Associations were provided recognition under Pakistan Legal Practitioners and Bar Councils Rules, 1976, at all levels including National, Provincial, District and Tehsil levels---All Bar Associations were private organizations and could not be treated as statutory bodies---Neither office bearers i.e. Executive Committee of Bar Associations nor Auction Committee constituted by them could be treated as holding any statutory existence, official position or status of a Government Department or Authority having any statutory authority or functioning in connection with the affairs of Federation---Such Associations and Committees could be treated as representatives of Private Organization and did not fall under the definition of person as provided in Art. 199(5) of the Constitution to treat them as amenable to Constitutional jurisdiction of High Court---Petitioner sought enforcement of contract and the same was not permissible as Constitutional petition for enforcement of contract was not maintainable where it was a private contract and not a statutory agreement---Constitutional petition was dismissed in circumstances. Pakistan Defence Officers Housing Authority and others v. Lt.-Col. Syed Jawaid Ahmed 2013 SCMR 1707; Mohammad Waqas Malik, Advocate v. Islamabad Bar Council through Secretary and 2 others 2017 CLC 1173; Abdul Wahab and others v. HBL and others 2013 SCMR 1383; Pakistan Olympic Association through President and others v. Nadeem Aftab Sindhu and others 2019 SCMR 221 and Human Rights Commission of Pakistan and 2 others v. Government of Pakistan and others PLD 2009 SC 509 ref. Muhammad Azam Suhail and others v. Government of Pakistan through Secretary Ministry of Petroleum and Natural Resources, Islamabad and others 1998 SCMR 1549 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional…
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