Law:

Section:

Emigration Ordinance, 1979 (XVIII of 1979)-- ----Ss. 12(3) & 25--Tort--Suit for damages--Illegal cancellation of its licence--Order of cancellation of plaintiff`s licence was declared by High Court to be without lawful authority and of no legal effect--Defendant Authority claimed protection under S. 25 of Emigration Ordinance--Held: Such action of defendant was illegal and could not be termed as done in good faith, thus, protection claimed would not be available. [Pp. 66 & 69] A & B Emigration Ordinance, 1979 (XVIII of 1979)-- ----S. 12(3)--Civil Procedure Code, (V of 1908), O.I, R. 3 & O.XXVII, R.3--Tort--Suit for damages--Illegal cancellation of licence--Maintainability--Plaintiff had not sued such officials in their natural/individual names, but had sued them in their official capacity-- Such suit was not maintainable against such officials. [P. 69] C & D PLD 1994 Kar. 388 ref. Civil Procedure Code, 1908 (V of 1908)-- ----O.XXVII, R. 3--Emigration Ordinance, (XVIII of 1979)--S. 12(3)--Tort--Suit for damages--Illegal cancellation of licence--Proof--Plaintiff had not specifically alleged to have suffered loss due to conduct of Government of Pakistan or that same had gained some thing due to cancellation of licence or that same had at any stage owned such illegal act of its Director-General--Plaintiff did not produce evidence to show that Government of Pakistan had ratified such act of its officials and had benefited therefrom--Suit as framed being non--maintainable under law was dismissed. [P. 70] E & F PLD 1963 SC 627 and PLD 1965 (W.P.) Kar. 1 fol. Judgment The plaintiff has filed this suit for recovery of damages amounting to Rs. 40,00,000. The facts as pleaded in the plaint are that since 1977 the plaintiff was carrying on business of export of emigrant labour to the Middle East. The plaintiff`s licence was renewed from time to time and on 29-3-1979 with the promulgation of Federal Ordinance XVIII of 1979. The plaintiff in April 19, 1979 made a complaint about the working of the Defendant No. 3, which annoyed him and the plaintiff was compelled to withdraw the said complaint and a fictitious complaint was manoeuvred against the…

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