| Citation(s) |
|---|
| 1998 SLD 749 = 1998 CLC 1656 |
Sindh High Court
Constitutional Petition No.D-349 of 1997, decided on 3rd June, 1998.
Presented By: Before Sabihuddin Ahmad and Muhammad Roshan Essani, JJ
Muhammad Yousuf Leghari for Petitioner. Ghulam Rasool Qureshi for
Respondents Nos. l and 3. Partiab Rai for
Respondent No.2. Jhamat Jethanand for
Respondent No.4.
Constitutional Petition No.D-349 of 1997, decided on 3rd June, 1998.
Presented By: Before Sabihuddin Ahmad and Muhammad Roshan Essani, JJ
Muhammad Yousuf Leghari for Petitioner. Ghulam Rasool Qureshi for
Respondents Nos. l and 3. Partiab Rai for
Respondent No.2. Jhamat Jethanand for
Respondent No.4.
ADA MUHAMMAD ---Petitioner
VERSUS
GOVERNMENT OF SINDH through Secretary, Local Government Sindh, Karachi and 3 others---Respondents
Law: Sindh Local Government Ordinance, (XII of 1979)
Section: 45(4) , 2(h)
Sindh Local Government Ordinance (XII of 1979)--- ----S.45(4)---Contract Act (IX of 1872), S.2(h)---Constitution of Pakistan (1973), Art.199---Constitutional petition ---Octroi contract---Failure to perform one's own part of contract---Effect---Petitioner having been awarded contract, he was required to deposit 5 per cent. of contractual amount but he failed to do so---Petitioner could not claim that such contract could not be awarded to anybody without notice to him. Sindh Local Government Ordinance (XII of 1979)--- ----S.45(4)---Contract Act (IX of 1872), S.2(h)---Constitution of Pakistan (1973), Art.199---Constitutional petition ---Octroi contract---Non-fulfilment of condition precedent---Effect---Petitioner was awarded contract but he was required to deposit specified amount by specified date---Petitioner failed to deposit the same---Respondent decided to grant one more opportunity to petitioner to deposit requisite amount and further decided that in the event of his failure, contract would be re-auctioned and in pursuance thereto public notice was issued for specified date---Such decision having been taken and implemented through public notice, respondent was bound to wait till specified date to enable petitioner to make such deposit and in the event of his failure proceed with re -auction on the date specified in that notice. Sindh Local Government Ordinance (XII of 1979)--- ----S.45(4) [as inserted through Sindh Local Government (Second Amendment) Act (II of 1992)]---Constitution of Pakistan (1973), Art.199---Constitutional petition---Contract made with highest bidder on basis of comparative bids in open auction---Such contract would not need approval of Government-- Approval of Government would be necessary only when for some reasons highest bid was not accepted. Sindh Local Government Ordinance (XII of 1979)--- ----S.45(4) [as inserted through Sindh Local Government (Second Amendment) Act (II of 1992)]---Constitution of Pakistan …