Legal Case Summary

Case Details
Case ID 167e2605-210f-4d05-8572-6bffdba6b267
Body View case body.
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