| Case ID |
167e2605-210f-4d05-8572-6bffdba6b267 |
| Body |
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| Case Number |
Civil Appeal No.25 of 1991 |
| Decision Date |
Dec 14, 1991 |
| Hearing Date |
Dec 02, 1991 |
| Decision |
The appeal was accepted, and the writ petition filed by Neelum Flour Mills was dismissed. The Supreme Court held that the High Court's exercise of writ jurisdiction was not applicable for enforcing contractual liabilities. The Court emphasized that the grievance must be based on a violation of law, and since the case revolved around a contract, it was outside the purview of writ jurisdiction as per Section 44 of the AJK Interim Constitution Act, 1974. The judgment of the High Court was quashed, confirming that contractual obligations cannot be enforced through writ petitions. |
| Summary |
This case revolves around the enforcement of contractual obligations in the context of writ jurisdiction. The Supreme Court of Pakistan reviewed the High Court's decision that had favored Neelum Flour Mills regarding handling charges owed by the AJK Government. The Court clarified that writ jurisdiction is limited to violations of law and does not extend to contractual disputes. The ruling emphasized the necessity for grievances to be grounded in legal violations rather than contractual claims, reinforcing the principle that contractual liabilities must be resolved through civil suits rather than writ petitions. This case is significant for understanding the limitations of writ jurisdiction in Pakistan, especially concerning contractual matters. It highlights the importance of statutory provisions in determining the scope of judicial review and the enforcement of legal rights. Keywords: contractual liabilities, writ jurisdiction, AJK Interim Constitution Act, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SARDAR SAID MUHAMMAD KHAN CJ,
BASHARAT AHMAD SHAIKH, J
|
| Lawyers |
Sardar Rafique Mahmood Khan,
Mr. Farooq Hussain Kashmiri
|
| Petitioners |
A.J.K GOVERNMENT, THROUGH ITS CHIEF SECRETARY and 2 others
|
| Respondents |
NEELUM FLOUR MILLS
|
| Citations |
1992 SLD 2240,
1992 PLJ 13
|
| Other Citations |
PLJ 1991 AJK 34,
PLD 1975 S.C. 193,
Civil Appeal No.49 of 1979,
PLD 1958 S.C. 267,
PLD 1961 S.C. 445,
PLD 1962 S.C. 108,
1968 S.C.M.R. 1136,
1969 S.C.M.R. 122,
PLD 1975 Kar. 878
|
| Laws Involved |
AJK Interim Constitution Act, 1974
|
| Sections |
44
|