Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 185---Appeal to Supreme Court---New plea---Plea neither raised in affidavit-in-rejoinder nor urged before High Court, would not be available to the petitioner before Supreme Court. (b) Contract Act (IX of 1872)--- ----S.39---Constitution of Pakistan (1973), Art. 199---Constitutional petition before High Court---Maintainability---Contract for carrying on work 6f Baggage Strapping and Tag Collection Services at Airport---Petitioner was granted such contract through a licence agreement, whereunder ate had to make payment of security deposit and one month's licence fee in advance---Cheque presented by petitioner for making such payment was dishonoured, over which Authorities cancelled the licence agreement---Validity---Nature of licence in favour of petitioner and its breach or otherwise might be determined before the competent forum but invocation of Constitutional jurisdiction of High Court for enforcement of the terms of a licence would not be appropriate---Breach of agreement if was attributable to the Authorities even then remedy of petitioner, if any, would lie somewhere else, but not before High Court in Constitutional jurisdiction. JUDGMENT RANA BHAGWANDAS, J.---Petitioner-company was granted a contract for carrying on work of Baggage Strapping and Tag Collection Services at Jinnah Terminal Complex, Quaid-e-Azam International Airport, Karachi through a Licence Agreement against the highest bid. According to the petitioner, terms of the licence agreement, inter alia, required it to deposit Rs.50,000 as security deposit and one month's licence fee, in advance. Accordingly, they handed over three cheques in the sum of Rs.30,000, Rs.10,000 and Rs.10,000 respectively to the respondents as required under the terms. Out of three cheques, cheque in the sum of Rs.30,000 was dishonoured by the petitioner's Bank with the endorsement "referred to drawer". Petitioner was informed through a notice about dishonour of the cheque but company claims that this fact was never brought to its notice. Licence Agreement was, however, cancelled/withdrawn by the respondents vide letter dated. 17-11-2000 impugned before the Sindh High Court…

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