Case Details

Citation(s)
1987 SLG 730 1987 SLD 730 1987 SCMR 1861
Supreme Court of Pakistan
Civil Appeal No.20-Q of 1987, heard on 21st April, 1987. On appeal from the judgment and order of the Baluchistan High Court Quetta dated 5-10-1985, in Constitutional Petition No.91 of 1984
ABDUL KADIR SHAIKH, S. A. NUSRAT AND ZAFAR HUSSAIN MIRZA, JJ
Khalid Malik, Advocate Supreme Court for Appellants. Muhammad Nawaz Ahmed, Advocate Supreme Court and Iftikhar Muhammad, Advocate-on-Record for
Respondents

Haji Babu MUHAMMAD RAFIQUE and others

VS

GOVERNMENT OF BALUCHISTAN and others

Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Leave to appeal granted to consider question whether Secretary to Government of a Province had any legal authority or power to direct the Management of a Provincial Co-operative Bank to shift their office to a newly constructed building. (b) Constitution of Pakistan (1973)-- ---Arts. 185(3) & 199--Constitutional petition seeking to challenge order purportedly, passed by Secretary to Provincial Government directing a Co-operative Bank to shift its office to newly constructed building, dismissed by High Court--Counsel of Government making statement that the contents of the impugned letter did not mean as an order or a direction of respondent to Bank to shift to newly constructed building--Findings of High Court, which were contrary to statement made by the respondents counsel before the Supreme Court were set aside. JUDGMENT ABDUL KADIR SHAIKH, J.--This appeal by leave is directed against the judgment of Baluchistan High Court dated 5-10-1985, by which a Constitution Petition filed by appellants was dismissed. By that Constitution Petition appellants sought to challenge the order purportedly passed by the Secretary to the Government of Baluchistan in the Agriculture and Co-operative Department, Quetta which was forwarded by the Section Officer of that department under letter dated 11-7-1984. The facts of the case, briefly stated, are that appellants are members of the Board of Directors of Baluchistan Provincial Co-operative Bank Ltd., which is situated on Jinnah Road, Quetta. According to appellants, since the bank is functioning in rented premises, it was decided in a meeting of the Board of Directors held on 8-7-1984 that the building in which the rented premises are situated may be purchased. However, the Bank received a letter No. SQA(iv) 235-20-S/70-COOP, dated 11-7-1984 from the Section Officer, Agriculture (IV) addressed to the General Manager; Baluchistan Provincial Co-operative Bank Ltd., Quetta which may be reproduced hereunder:- "The General Manager, Baluchistan Provincial Co-operative Bank Ltd., Quetta. Subject:--SHIFTING OF OFFICE FROM JINNAH ROAD QUETTA TO NEW OFFICE BUILDING OF CO-OPERATIVE…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492