| Case ID |
175cb3b9-6da2-4461-9d50-be4fce64f4ae |
| Body |
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| Case Number |
Civil Revision Application No.33 of 2000 |
| Decision Date |
Mar 26, 2001 |
| Hearing Date |
|
| Decision |
The Sindh High Court allowed the civil revision application, setting aside the orders of the lower courts that had refused to grant an injunction to the applicant, SADAR UDDIN. The court found that the applicant had established a prima facie case and demonstrated that he would suffer irreparable loss if the injunction was not granted. The applicant had been operating his petrol station, Capri Gas Station, for over seven years. The court determined that the cancellation of the applicant's license by the authorities was done without prior notice or hearing, violating the principles of natural justice. The court emphasized that the balance of convenience lay in favor of the applicant, as he had a constitutional right to free and lawful trade. It ordered that the existing position at the petrol station should remain until the final decision in the pending suit. |
| Summary |
In the case of Sadar Uddin vs. Messrs Pakistan Burmah Shell, the Sindh High Court addressed issues of natural justice, constitutional rights, and the balance of convenience regarding the operation of a petrol station. The applicant, who had been running his business for seven years, faced the cancellation of his license without notice or a hearing. The court found that such actions violated the principles of natural justice and emphasized the importance of allowing the applicant to continue his business until a final decision was reached in the pending civil suit. The court's decision highlights the significance of protecting the rights of business owners against arbitrary actions by authorities, ensuring that due process is followed. This case serves as a crucial reference for similar disputes involving business licenses and administrative actions. |
| Court |
Sindh High Court
|
| Entities Involved |
Government of Pakistan,
Capri Gas Station,
Deputy Commissioner, Sukkur
|
| Judges |
MUHAMMAD ASHRAF LEGHARI, J
|
| Lawyers |
Raja Ram for Applicant,
Manzar Alam for Respondent (absent)
|
| Petitioners |
SADAR UDDIN
|
| Respondents |
Messrs PAKISTAN BURMA SHELL and others
|
| Citations |
2001 SLD 2636,
2001 CLC 1956
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
O. XXXIX, Rr.1 & 2,
Art. 18
|