Law: Emigration Ordinance, 1979

Section: 12(3),25

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.3,O.XXVII,R.3

(a) Emigration Ordinance (XVIII of 1979)--- ----Ss. 12(3) & 25---Tort---Suit for damages by Overseas Employment Promoter (plaintiff) for 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, 1979---Held: such action of defendant was illegal and could not be termed as done in good faith, thus, protection claimed would not be available. (b) Emigration Ordinance (XVIII of 1979)--- ----Ss. 12(3)---Civil Procedure Code (V of 1908), O.I, R.3 & O.XXVII, R.3---Tort---Suit for damages against officials of Emigration Bureau by Overseas Employment Promoter (plaintiff) for illegal cancellation of his licence---Maintainability---Plaintiff had not sued such officials in their natural/individual names, but had sued them in their official capactiy---Such suit was not maintainable against such officials. Mirza Abdur Rahim Baig v. Abdul Haq Lashari and others PLD 1994 Kar. 388 ref. (c) Emigration Ordinance (XVIII of 1979)--- ----Ss. 12(3)---Civil Procedure Code (V of 1908), O.XXVII, R.3---Tort---Suit for damages against officials of Emigration Bureau by Overseas Employment Promoter (plaintiff) for illegal cancellation of its licence---Proof---Plaintiff 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. Pakistan v. Muhammad Yaqoob Butt and others PLD 1963 SC 627 and Government of Pakistan v. Sardar Muhammad Ali PLD 1965 (W.P.) Karachi 1 fol. JUDGMENT NADEEM AZHAR SIDDIQI, J.---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…

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