| Citation(s) |
|---|
| 1992 SLG 2132 1992 SLD 2132 1992 PLJ 349 |
Lahore High Court
Writ Petition No.10057 of 1991, dismissed on 22.3.1992. Date of hearing: 10.2.1992.
MALIK MUHAMMAD QAYYUM, J
M/s. Muhammad Akram Sheikh and All Ahmad Awan, Advocates for Petilioner. Mr. Aftab Iqbal Chaudhiy, Deputy Altorney General for
Respondents 1 & 8. M/s. S.M. Zafar Muhammad Yaqoob and Ehsan Jan, Advocates for
Respondents 2 to 7.
Writ Petition No.10057 of 1991, dismissed on 22.3.1992. Date of hearing: 10.2.1992.
MALIK MUHAMMAD QAYYUM, J
M/s. Muhammad Akram Sheikh and All Ahmad Awan, Advocates for Petilioner. Mr. Aftab Iqbal Chaudhiy, Deputy Altorney General for
Respondents 1 & 8. M/s. S.M. Zafar Muhammad Yaqoob and Ehsan Jan, Advocates for
Respondents 2 to 7.
SANDAL FIBRES LTD.
VS
GOVERNMENT OF PAKISTAN, THROUGH SECRETARY, MINISTRY OF FINANCE and 7 others--Respondents
Law:
Section:
(i) Maintainability— —-Letter of Credit-Extension of-Prayer for-Whether Constitutional petition is maintainable-Question of-Although respondent No.2 was originally incorporated as public limited company, but it was nationalised under Banks Nationalization Act. 1974—Ownership, management and control of respondent No.2 stand transferred to and vest in Federal Government-Held: It is difficult to accept argument of respondents that no constitutional petition can be maintained against respondent No.2. [Pp.352353]A PLD 1986 Lahore 424, AIR 198! SC 487, AIR 1986 SC 571 AIR 1983 SC 848rel. (ii) Maintainability- —Letter of Credit—Extension of—Prayer for—Whether Constitutional petition is maintainable-Question of-Lcttcr of Credit was opened by respondent Bank in pursuance to a contract between parlies-There is no violation of any statute or statutory rules-Held: There cannot be any doubt that a constitutional petition cannot be maintained to enforce contractual rights unless it is shown thai there has been some violation of any slalule or rules having force of law-¬Held further: Petition is not maintainable—Petition dismissed. [Pp.353,354355]B,CD The Law and Current Practice (Second Edition) by Lazar Sarna, Halsburys Laws of England, Vol.3 (fourlh Edition), page 101 (para 133), Pagels Law of Banking, 9lh Edilion, page 531, and Chilly on Contracls, 24th Edition (Vol.11) ref. JUDGMENT This petilion under Article 199 of the Constilution of Islamic Republic of Pakistan, 1973 has been filed by M/s. Sandal Fibres Limiled, a company incorporated under the Companies Ordinance, 1984 against the Government of Pakistan, United Bank Limited and its officers praying for the grant of following relief:-It is, therefore, respectfully prayed that the writ petition may kindly be accepted and respondent hank may kindly be directed to process the case of petitioner and to…
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