| Case ID |
1a45e2ce-9692-442e-9d45-c46475e8433d |
| Body |
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| Case Number |
Writ Petition No. 879 of 1992 |
| Decision Date |
Oct 27, 1992 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the writ petition filed by Abdul Razak, who sought a writ or appropriate direction to restrain the District Council from violating the terms of the lease of Export Tax for the year 1992-93. The court found that the petitioner had entered into a contractual relationship governed by the terms and conditions of the lease agreement, which provided for arbitration in case of disputes. The court ruled that any disputes arising from the contract were not subject to constitutional jurisdiction, especially as there was no violation of statutory rules. The court emphasized that the petitioner had signed the lease agreement and could not dispute the inclusion of Educational Tax, which was clearly outlined in the terms of the auction notice. The court reiterated that the petitioner should pursue arbitration as the proper remedy and thus dismissed the petition. |
| Summary |
This case revolves around a dispute over the terms of a lease agreement for Export Tax between Abdul Razak and the District Council of Peshawar. The petitioner contended that he was misled regarding the inclusion of Educational Tax in the lease terms. The court held that the petitioner had signed the lease agreement and was bound by its terms, which provided for arbitration to resolve disputes. The ruling emphasized the importance of adhering to contractual obligations and clarified the jurisdiction of the court regarding contractual matters. This decision underscores the necessity for parties to fully understand and accept the terms of agreements before entering into them, particularly in auction scenarios. The case illustrates the legal principles surrounding constitutional jurisdiction and contractual disputes, emphasizing the role of arbitration as a suitable remedy. Keywords: lease agreement, Export Tax, Educational Tax, Peshawar High Court, arbitration, constitutional jurisdiction. |
| Court |
Peshawar High Court
|
| Entities Involved |
District Council Peshawar
|
| Judges |
FAZAL ILAHI KHAN, C.J.,
JALAL-UD-DIN AKBARJI, J
|
| Lawyers |
Abdul Samad Khan,
Abdul Latif Afridi,
Jehan Zeb Rahim
|
| Petitioners |
ABDUR RAZAQ
|
| Respondents |
anothers,
DISTRICT COUNCIL, Peshawar High Court through Chairman, District Council, Peshawar High Court
|
| Citations |
1994 SLD 1041,
1994 CLC 1733
|
| Other Citations |
M/s. Sandal Fibres Limited v. Government of Pakistan and 7 others PLD 1992 Lah. 400,
A.F.M. Abdul Fateh v. Province of East Pakistan and another PLD 1966 Dacca 178,
Mir Rasool Bux Khan Sundrani & Co. v. People's Municipality, Bukkur and 2 others PLD 1975 Kar. 878
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 199
|