Law: Civil Procedure Code (V of 1908)

Section: 96

Law: Qanun-e-Shahadat (10 of 1984)

Section: 117,120

(a)    Civil Procedure Code (V of 1908)--- ----S.96---Qanun-e-Shahadat (10 of 1984), Arts.117 & 120---Suit for damages--Illegal termination of service, grievance of---Loss of reputation and mental anguish, plea of---Proof---Personal liability of the employees---Vicarious liability of the company---Effect---Scope---Brief facts of the matter were that the appellant instituted a civil suit for recovery of damages against the respondent (appellant's employer), alleging unlawful termination of service and consequential harm; the Trial Court, after framing issues and recording evidence, dismissed the suit, against which the present 'regular first appeal' was filed before the High Court---Held: Appellant himself admitted that the company never published any advertisement nor issued any letter to dealers or third parties containing adverse or defamatory remarks about him---Additionally, he admitted that the respondents/defendants did not express any negative or damaging comments concerning his character or conduct---Respondents/defendants could not be held personally liable for any damages allegedly arising from their actions---If any liability were to arise, it could be the company that could potentially be held vicariously liable for the acts of its employees or agents, provided that such damages were properly pleaded and substantiated by the appellant/plaintiff---In the present case, the appellant/plaintiff had no valid cause of action against the individual respondents---The appellant failed to bring a claim against the company, therefore, no claim for damages could be sustained against the respondents in their personal capacities---In view of the foregoing and in the absence of any cogent or corroborative evidence to demonstrate actual loss of reputation or mental suffering, the claim for such damages remained unproven and was therefore legally untenable---Present appeal being devoid of merit was dismissed, in circumstances. Pakistan Television Corporation v. Noor Sanat Shah 2023 SCMR 616 rel. (b)    Qanun-e-Shahadat (10 of 1984)--- ----Arts.117 & 120---Damages, claim of---Burden of proof---Scope---In claims for…