Law:

Section:

(a) Constitution of Pakistan (1973)----Art.199(a)(i)(ii)---Constitutional jurisdiction of High Court--Scope---Such jurisdiction could be exercised only in respect of a person performing functions within territorial. jurisdiction of High Court in connection with affairs of Federation, Province or Local Authority---If person, whose acts, actions or proceedings were challenged before High Court, did not fall within any of specified categories, then he would not be amenable to such jurisdiction. Deputy Managing Director, National Bank of Pakistan v. Ataul Haq PLD 1965 SC 201 and Salahuddin and 2 others v. Frontier Sugar Mills and Distillery Ltd. Tokht Bhai and 10 others PLD 1975 SC 244 rel. (b) Constitution of Pakistan (1973)--- --Art 199(a)(i)(ii)---Oil and Gas Development Company incorporated under Companies Ordinance, 1984--Action of the company or its order awarding contract---Constitutional petition challenging such action or order of company---Maintainability---Such company could undertake any business in pursuance of directives given by Federal Government still holding shares thereof --Company financed and controlled by Government would be regarded as investing joint stock companies with character of a person performing functions in connection with affairs of Federation---Constitutional petition was. maintainable--Principles. Federal Government Employees Housing Foundation through its Director General Islamabad v. Muhammad Akram Alizai, Dy. Controller, PBC, Islamabad PLD 2002 SC 1079 rel. (c) Contract Act (IX of 1872)---S.2(a)(b)(e)---Invitation to bid and tender documents, issuance of---Validity---Such invitation and tender documents would be considered only to make proposal---Submission of bid, its acceptance and submission of performance guarantee bond by bidder would not constitute an acceptance as defined in S.2(b)of Contract Act, 1872 and would not result in agreement as defined in S.2(e) or contract as defined in. S.2(h) thereof---Bid submitted and tender documents wound itself constitute a proposal, which might be accepted or rejected by the person inviting bid---Submission of performance guarantee bond would not in any way add to the status of a…

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