Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)--Art.199---Constitutional petition---Tender notice---Procedural fairness---Transparent proceedings---Subsequent increase in rate---Refund of earnest money---Petitioner claimed refund of earnest money on the ground that revision in rate of royalty was arbitrary, unilateral and mala fide---Validity---Tender notice was virtually a liquid, partly concealed and inchoate invitation to offer and acceptance on the part of petitioner would amount to offer which was responded to by variation of proposal by specifying and almost doubling the liabilities---Increase in rate demanded subsequently was substantially raised by 50% above the existing rate and such rate was introduced immediately within a few days of tender, under notification---If increased royalty rate could be conceived by parties publishing tender notice as the process in all probabilities was in offing why the same information was not spelt out---Authorities might be knowing that increase in royalty rate was going to rise by 50% above the stipulated rate specified in public notice but such information was withheld by not mentioning that the rise could go up to 50% of the given rate---Authorities, therefore secured an advantage to twist the transaction in their favour if they so liked at a later stage---Procedural fairness of transaction was completely lacking which had betrayed the outcome of transaction itself-Courts under such circumstances had the power to ensure substantive fairness of transaction---Petitioner was entitled to refund of earnest money, which was wrongly stated to be the security deposit---Petition was allowed accordingly. Pakistan Industrial Development of Pakistan v. Aziz Qureshi PLD 1965 (W.P.) Kar.202; City School (Pvt.) Ltd. Lahore Cantt v. Privatization Commission Government of Pakistan and others 2002 SCMR 1150; Malik Muhammad Nawaz v. Municipal Committee Pattoki and others 2003 SCMR 1191; East Asiatic Co. (India) Ltd. Bombay v. Messrs Rugnath Tricumdas AIR 1953 Saurashtra 122; Messrs Shams and brothers v. Government of Pakistan and others 2007 CLD 125; S.M. Saleem v. Province of Sindh and others 2007 YLR 2001; Pakistan Steel Products v. Messrs Indus…

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