Law: Constitution of Pakistan, 1973

Section: 199

  Constitution of Pakistan (1973)-- ----Art. 199---Constitutional petition---Maintainability---Respondent a Corporation having its office at Karachi dealing with the affairs of import and export of different commodities under the control of Ministry of Commerce, Government of Pakistan---Said Corporation had acquired the status of an agency of the Federal Government---Dispute of petitioners with said Corporation was referred to the Ministry of Commerce having office at Islamabad and the decision of the Ministry was against the petitioner---Petitioner, in circumstances, had a cause of action against the Federal Government---Constitutional petition either at Karachi or at Rawalpindi Bench of Lahore High Court was maintainable---Objection on maintainability of the petition before Rawalpindi Bench of Lahore High Court was repelled in circumstances. Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Tender---Breach of contractual obligation by petitioner---Forfeiture of bid bond by the respondent/Corporation---Where according to the contract, it was open to the petitioner to import sugar from any country, except with which trade of Pakistan was prohibited, the import of sugar from India could not validly be a part of contract---Nothing was available on record to prove that despite such ban, the import of sugar was exempted and petitioner was guilty of breach of terms of contract---Bid bond could not be forfeited in circumstances. Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Contractual obligation---Petitioner had entered into an agreement with the respondent/Corporation for the supply of sugar from India---According to the terms of agreement it was open to petitioner to import sugar from any country except with which the trade of Pakistan was prohibited, it was further agreed that in case of any dispute arising out of the contract same would be referred to the arbitrator---No trade relations between the two countries existed and the export of sugar in India was subject to the export of Sugar Promotion Act, 1958 of India---Breach of contractual obligation fell within the dispute in terms of arbitration…