Law: Competition Ordinance, 2007

Section: 30

(a) Constitution of Pakistan (1973)--Art. 199(1)(a)(i)(ii)---Constitutional petition---Territorial jurisdiction/concurrent jurisdiction of High Court-Principles-Respondents sought return of the constitutional petition on the ground that under Art.199(1)(a) of the Constitution, Lahore High Court did not have the jurisdiction to entertain the petition, primarily for the reason that all. the respondents (except a pro forma respondent) functioned at Islamabad; impugned notice had also been issued there, and therefore, it was the Islamabad High Court which alone had the territorial jurisdiction in the matter---Law and principles on the point of territorial jurisdiction/ concurrent jurisdiction of High Court recapitulated with illustrations. The following is the law and principles on the point of territorial jurisdiction/concurrent jurisdiction of High Court:-- (a) The Federal Government or any body politic or a corporation or a statutory authority having exclusive residence or location at Islamabad with no office at any other place in any of the Provinces, shall still be deemed to function all over the country. (b) If such Government, body or authority passes any order or initiates an action at Islamabad, but it affects the "aggrieved party" at the place other than the Federal Capital, such party shall have a cause of action to agitate about his grievance within the territorial jurisdiction of the High Court in which said order/action has affected him. (c) This shall be more so in cases where a party is aggrieved or a legislative instrument (including any rules, etc.) on the ground of its being ultra vires, because the cause to sue against that law shall accrue to a person at the place where his rights have been affected. For example, if a law is challenged on the ground that it is confiscatory in nature, violative of the fundamental rights to property; profession, association etc. and any curb has been placed upon such a right by a law enforced at Islamabad, besides there, it can also be challenged within the jurisdiction of the High Court, where the right is likely to be affected. In this context, illustrations can be given, that if some duty/tax has been. imposed…

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