| Citation(s) |
|---|
| 2009 SLG 1954 2009 SLD 1954 2009 CLD 1542 |
Supreme Court of Pakistan
Civil Appeal No.576 of 2003, decision dated: 13-05-2009.
SARDAR MUHAMMAD RAZA KHAN, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Khalid Anwar, Senior Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Appellant. Anwar Mansoor Khan, Senior Advocate Supreme Court for
Respondents Nos. 1 to 3.
Civil Appeal No.576 of 2003, decision dated: 13-05-2009.
SARDAR MUHAMMAD RAZA KHAN, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Khalid Anwar, Senior Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Appellant. Anwar Mansoor Khan, Senior Advocate Supreme Court for
Respondents Nos. 1 to 3.
STATE BANK OFโยข PAKISTAN
VS
. FRANKLIN CREDIT AND INVESTMENT COMPANY LTD. through Attorney
Law:
Section:
(a) Qanun-e-Shahadat (10 of 1984)-------Art. 129(e)-Acts performed by public f functionaries---Presumption---Duty of Court---Scope---Acts performed by public authorities deserve due regard by Courts and every possible explanation for their validity should be explored and whole gamut of powers in pursuance to which they act or perform their functions and discharge their duties should be examined---Presumption of regularity is attached to official acts. Federation of Pakistan through Secretary, Law, Justice and Parliamentary Affairs and others v. Aftab Ahmed Khan Sherpao and others PLD 1992 SC 723; Government of Sindh through Chief Secretary and others v. Khalil Ahmed and others 1994 SCMR 782; Syed Muhammad Khurshid Abbas Gardezi and others v. Multan Development Authority and others PLD 1983 SC 151; Lahore Improvement Trust v. Custodian, Evacuee Property PLD 1971 SC 811; Chairman Pakistan Railway Board, Chittagong and others v. Abdul Majid Sardar PLD 1966 SC 725 and Federation of Pakistan and others v. Ch. Muhammad Aslam and others 1986 SCMR 916 rel. (b) General Clauses Act (X of 1897)--- ----S.24-A---Order, quashing of---Reasons stated in order---Validity---If bad reasons are severable from good ones and are not intertwined or inter-linked, an order passed by an administrative authority may not be quashed if otherwise sustainable on remaining valid grounds---Cases involving detention or liberty of citizens fall in a different category. Government of West Pakistan v. Haider Bakhsh Jatoi and another PLD 1969 SC 210; Rafiq Ahmed Sheikh v. The Crown PLD 1951 Lah. 17; Kh. Ahmed Tariq Rahim v. Federation of Pakistan through the, Secretary Ministry of Law, Justice and Parliamentary Affairs, Islamabad PLD 1992 SC 646 at P.666; Mohtarama Benazir Bhutto v. the President of Pakistan and others PLD 1998 SC 388 at pages 541-542; Commissioner Sargodha Division v. Khizar Ilayat PLD 1996 SC 793; Brig. (Retd.) F.B. Ali v. The State PLD 1975 SC 706; Swam Singh v. State of Punjab and others AIR 1976 SC 232; State of Orrisa and others v. Bidyabhushan Mohapatra AIR 1963 SC 779 at pages 785-786; State of Maharashtera v. B.K. Takkamore AIR 1947 S.C. 1353; Royal Bank of Canada v.โฆ
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