Case Details

Citation(s)
1986 SLG 727 1986 SLD 727 1986 SCMR 1096
Supreme Court of Pakistan
Civil Appeal No. K-126 of 1981, decision dated: 27th February,1985. (From the judgment of the High Court of Sind, dated 24-8-1981 passed in Constitutional Petition No. 121 of 1980).
ABDUL KADIR SHAIKH, M. S. H. QURAISHI AND MIAN BURHANUDDIN KHAN, JJ

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MUHAMMAD ASHRAF ALI

VS

MUHAMMAD NASEER and 2 others MUHAMMAD SHOAIB vs THE CO-OPERATIVE DEVELOPMENT FUND AND PROJECT and 2 others

Law:

Section:

(a) Constitution of Pakistan (1973)-----Arts. 185(3) & 199--West Pakistan Cooperative Board (Dissolution) Act (II of 1966), S.4--Constitutional jurisdiction, exercise of--Leave to appeal granted to consider inter alia, whether dispute which concerned contractual liabilities arising out of lease agreement which also contained a provision for arbitration of such dispute, was an appropriate case for exercise of constitutional jurisdiction by High Court. (b) Constitution of Pakistan (1973)----Art. 199--West Pakistan Cooperative Board (Dissolution) Act (II of 1966), S.4--Writ jurisdiction, exercise of--Dispute concerning contractual liabilities arising out of lease a6reement which also contained provision for arbitration of such dispute--Whether an appropriate case for exercise of writ jurisdiction--Held: Question of jurisdiction and competency of functionaries of Cooperative Fund being involved, jurisdiction of High Court to deal with such matters could not altogether be ruled out.-­[Jurisdiction ]. (c) West Pakistan Cooperative Board (Dissolution) Act (II of 1966)----Ss. 4 & 7--Powers of Administrator--- Delegation of--There being no provision in Act enabling Administrator to delegate authority Project Manager or Project Director could not act in exercise of any of powers vested in Administrator by law. Civil Appeal No. 126 of 1981 Akhtar Mahmuu, Advocate-on-Record for Appellant. S.M. Rizvi, Advocate Supreme Court instructed by Faizanul Haq, Advocate-on-Record for Respondent No.l. Civil Appeal No. 23 of 1982 Z.U. Ahmed, Advocate Supreme Court instructed by M.S. Ghaury, Advocate-on-Record for Appellant. Abdul Hafeez Memon, Advocate Supreme Court instructed by Muzaffar Ali Khan, Advocate-on-Record (absent) for Respondent No.3. Dates of hearing: 26th and 27th February, 1985. JUDGMENT M.S.H. QURAISHI, J.-- This judgment will dispose of Civil Appeals Nos. K-126 of 1981 and K-23 of 1982, as in both the dispute concerns shops in the same building and as common question arise for determination. 2. The building, known as the Saddar Co-operative Market, at Abdullah Haroon Road, Karachi, and comprising a large number of shops and offices, had been built by the…
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