| Case ID |
26326008-1244-486f-9893-7b74bf2ba735 |
| Body |
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| Case Number |
Intra-Court Appeal No.21 of 2001 in Writ Petition |
| Decision Date |
Sep 10, 2001 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled in favor of the petitioner, Muhammad Zia, stating that the disconnection of electricity supply was unlawful due to the lack of prior notice as required under Section 24 of the Electricity Act, 1910. The court emphasized the importance of adhering to the statutory requirements and issued a direction for the restoration of the electric supply. Additionally, the court imposed special costs of Rs.10,000 on the authority responsible for the disconnection, underscoring that such costs serve both to compensate the aggrieved party and to penalize public functionaries who act outside their lawful authority. The appeal against the costs was dismissed, affirming the High Court's jurisdiction to impose such costs under Article 199 of the Constitution, irrespective of the limitations set by Section 35-A of the Civil Procedure Code. |
| Summary |
This case revolves around the disconnection of electricity supply to a consumer, Muhammad Zia, without prior notice, as mandated by the Electricity Act of 1910. The Lahore High Court intervened, emphasizing the statutory requirement for notice before disconnection and ruling that the authority's actions constituted a violation of the consumer's rights. The court ordered the restoration of the electricity supply and imposed costs on the authority, highlighting the judicial power to impose penalties on public functionaries who neglect their duties. The ruling reiterates the necessity for compliance with legal protocols in administrative actions, reinforcing consumer protection rights under the law. This decision is significant as it illustrates the court's commitment to uphold justice against arbitrary actions by state authorities, ensuring that consumers are adequately protected from unlawful practices. Keywords for SEO include: consumer rights, electricity supply disconnection, Lahore High Court decision, legal compliance, public authority accountability. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Ch. Ijaz Ahmad,
Mian Saqib Nisar
|
| Lawyers |
Muhammad Ilyas Khan
|
| Petitioners |
MUHAMMAD ZIA
|
| Respondents |
4 others,
Ch. NAZIR MUHAMMAD, ADVOCATE
|
| Citations |
2002 SLD 1741,
2002 CLC 59
|
| Other Citations |
Khurshid Ahmad Naz Faridi v. Bashir Ahmed 1993 SCMR 639,
Arwinder Singh Bagga v. State of U.P. and others AIR 1995 SC 117,
Rudul Shah v. State of Bihar AIR 1983 SC 1086,
Bhim Singh Mila v. State of Jammu and Kashmir AIR 1986 SC 494,
M.C. Mehta v. Union of India AIR 1987 SC 1086
|
| Laws Involved |
Electricity Act (IX of 1910),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973),
Law Reforms Ordinance (XII of 1972)
|
| Sections |
24,
35-A,
199,
3
|