| Case ID |
1b9b0cde-801e-43c3-8436-5069b9422db0 |
| Body |
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| Case Number |
Constitutional Petition No. 1702 of 2007 |
| Decision Date |
Jun 17, 2019 |
| Hearing Date |
Dec 05, 2018 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the Federal Government challenging the sale of land owned by Pakistan Fertilizer Company Ltd. The Court ruled that the Federal Government had failed to challenge the previous orders allowing the sale, and thus the transactions involving the land were valid. It reiterated that a writ could not be issued against the High Court itself under Article 199 of the Constitution. The Court emphasized that the failure to enforce lease conditions by the Federal Government constituted a waiver of the right to forfeit the lease, leading to the conclusion that the sale to the respondent was lawful. The decision underscored the principle that the High Court, when acting under special jurisdiction, is still considered a High Court for the purpose of Article 199(5) of the Constitution. |
| Summary |
The case revolves around the constitutional petition filed by the Federal Government against the sale of land belonging to Pakistan Fertilizer Company Ltd. The Sindh High Court dealt with issues regarding the enforcement of lease conditions and the jurisdiction of the High Court when acting under special laws. The verdict emphasized that the Federal Government's inaction to contest previous decisions regarding the sale invalidated its claim. The court's ruling highlights important precedents regarding the rights of lessors, the validity of sales conducted in liquidation proceedings, and the interpretation of constitutional jurisdiction, making it a significant case in the context of property law and administrative actions in Pakistan. Key terms include lease enforcement, constitutional jurisdiction, and liquidation proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
National Bank of Pakistan,
Pakistan Fertilizer Company Ltd.,
National Fertilizer Corporation of Pakistan Ltd.
|
| Judges |
SYED HASSAN AZHAR RIZVI,
JUSTICE ADNAN IQBAL CHAUDHRY
|
| Lawyers |
Zahid F. Ebrahim, Additional Attorney General of Pakistan,
Kashif Sarwar Paracha, Deputy Attorney-General of Pakistan,
Dr. Chaudhry Waseem Iqbal,
Khalid Jawed Khan
|
| Petitioners |
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF FINANCE, ISLAMABAD
|
| Respondents |
OFFICIAL ASSIGNEE/OFFICIAL LIQUIDATOR AND OTHERS
|
| Citations |
2020 SLD 365,
2020 PLD 116
|
| Other Citations |
Kamaluddin Qureshi v. Ali International Co. PLD 2009 SC 367,
Muhammad Shafi v. Attaullah 1984 SCMR 1124,
Tank Steel and Re-rolling Mills (Pvt) Ltd. v. Federation of Pakistan PLD 1996 SC 77
|
| Laws Involved |
Constitution of Pakistan, 1973,
Economic Reforms Order, 1972,
Civil Procedure Code (V of 1908),
Companies Act, (VII of 1913)
|
| Sections |
199,
199(5),
4,
7B,
7E,
151,
166
|