Law:

Section:

(a) Cantonments Act (II of 1924)------Ss. 2(ii) & 10---Constitution of Pakistan (1973), Art.199-­Constitutional petition---Blacklisting of construction company--­Construction company of approved contractors of Cantonment Board, remained in business with the Board, and had been executing works over the years successfully and completed them---Various departments of the Armed Forces of Pakistan also contracted with the company and the works done by said company had been highly commended by all concerned---Company was also enlisted as Government Contractor in category "A" with C & W Department as contractor for civil works and other departments---Company by letters, from the Cantonment Board, was informed to have been blacklisted with direction to immediately stop works being carried out without further loss of time alleging that the company was found involved in tempting Cantonment Board Staff to follow illegal methods of contracting, with a view to get personal benefits---No justification was shown by the Board to resort to such conduct against the company in arbitrary and capricious manner---Action against Company had been taken by the Board without lawful authority as no show-cause notice had been given to the Company to explain its position before taking such drastic action---High Court accepting Constitutional petition, declared order of blacklisting of petitioner­ company to be without lawful authority, without jurisdiction and of no legal effect and said order was struck down. Aftab Shahban Mirani v. President of Pakistan and others 1998 SCMR 1863; New Jubilee Insurance Company Ltd., Karachi v. National Bank of Pakistan, Karachi PLD 1999 SC 1126; Preetam Pipes Syndicate AIR 1986 Mad. 310 and University of Dacca v. Zakir Ahmad PLD 1965 SC 90 ref. (b) Administration of justice--- ---Legal representation---Entitlement---Every person was entitled to a legal representation, if he so chose, unless it was expressly forbidden to him' by a valid law---Such right of representation was not only confined to meeting the case of the other side, 'but to represent his own case--­Person proceeded against must have a prior adequate notice of the case, charge or…

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