Case Details

Citation(s)
1996 SLG 1323 1996 SLD 1323 1996 CLC 245
Sindh High Court
C.P. No. D-57 and Miscellaneous Application No.127 of 1995, decision dated: 25-05-1995
WAJIHUDDIN AHMED AND AMANULLAH ABBASI, JJ
Gul Bahar Korai for Petitioner. Raja M. Irshad, AA.G. (Sindh). Abdul Ghaffar Memon for
Respondents Nos. 1 to 3

Haji ARBAB ALI

VS

DEPUITY DIRECTOR, SASO and 3 others

Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition, filing of---Constitutional jurisdiction of High Court discretionary in nature---Conduct of petitioner a valid consideration for exercise of such distinction---Suppression of facts by petitioner---Effect---Petitioner coming to Court with unclean hands whether entitled to relief under such discretionary jurisdiction---Misstatement regarding institution of earlier Constitutional petition on the same subject--­Effect---Constitutional relief under Art. 199 of the Constitution being relief of equitable nature, discretion would always vest in the High Court to deny or accord the same, depending always on judicious exercise of discretion calculated to secure advancement of justice but never to perpetuate injustice--­Where equitable relief was sought and concerned person had come to Court with unclean hands, having been himself guilty of an inequitous conduct, relief as a rule would be denied irrespective of merits of controversy---Patent and unexplained misstatement regarding institution of earlier Constitutional petition virtually on the same subject and in effect, between the same parties was a matter of serious concern---Apart from there having been requirement of express mention upon established principles, there were also mandatory instructions of administrative nature, requiring such necessary details to be duly categorized---Constitutional petition on that ground alone was not maintainable. Muhammad Umer Saeed v. Government of West Pakistan 1969 SCMR 141; Salma Jawaid v. S.M. Arshad PLD 1983 Kar. 303 and Abdul Maroof Khan Afridi v. Karachi Development Authority 1990 MLD 2252 rel. (b) Sindh Agricultural Supplies Organization Act (X of 1973)--- ----Preamble---West Pakistan Land Revenue Act (XVII of 1967), S. 82---Civil Procedure Code (V of 1908), S. 11---Constitution of Pakistan (1973), Art.199---Constitutional petition---Principles of res judicata---Application--­Recovery of dues as arrears of land revenue---Petitioner owing speed amount to statutory corporation feeling aggrieved by notification of recovery of dues issued by the Government---Effect---Notification issued by Government…
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