| Case ID |
2bcadd3b-14c1-497e-80ff-b435ee802510 |
| Body |
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| Case Number |
Suit No. 539 of 2000 |
| Decision Date |
Jul 14, 2017 |
| Hearing Date |
May 30, 2017 |
| Decision |
The Sindh High Court ruled in favor of Alriaz (Pvt.) Ltd., declaring that the plaintiff company is the lawful owner of the property in question, Plot Nos. 2K-28C, Trans Lyari, near P.I.B. Colony, Karachi. The court found that the Income Tax authorities had illegally attached the property due to misuse of their authority, and the court directed that disciplinary proceedings be initiated against the officials involved. Additionally, damages amounting to Rs. 15,00,000 were awarded to the plaintiff for the wrongful attachment of their property. The court emphasized the need for fair and reasonable action by government officials and set aside the impugned attachment order as being without legal justification. |
| Summary |
In the case of Alriaz (Pvt.) Ltd. v. Muhammad Ismail and others, the Sindh High Court addressed the wrongful attachment of property by Income Tax authorities. The plaintiff, a private limited company, sought relief against the attachment of their property, asserting ownership and claiming damages for the misuse of authority by government officials. The court found that the authorities had acted beyond their jurisdiction and without legal basis, leading to the declaration of the property as owned by the plaintiff. The ruling underscored the importance of fair conduct in administrative actions and the repercussions of mala fide actions by officials. The judgment emphasized accountability and the protection of property rights, awarding significant damages to the plaintiff for the wrongful attachment. This case serves as a pivotal reference for future disputes involving government authority and property rights. |
| Court |
Sindh High Court
|
| Entities Involved |
GOVERNMENT OF PAKISTAN,
ALRIAZ (PVT.) LTD.,
INCOME TAX DEPARTMENT
|
| Judges |
MUHAMMAD FAISAL KAMAL ALAM, JUSTICE
|
| Lawyers |
Arif Khan,
Masood Hussain Khan, Assistant Attorney General,
Nemo
|
| Petitioners |
,
ALRIAZ (PVT.) LTD. THROUGH DIRECTOR
|
| Respondents |
3 OTHERS,
MUHAMMAD ISMAIL
|
| Citations |
2018 SLD 778,
2018 CLC 596
|
| Other Citations |
1999 PTD 1313,
1994 CLC 317,
PLD 2006 SC 432,
PLD 2012 SC 80,
1997 SCMR 1543,
PLD 1997 SC 3,
PLD 1999 SC 1026,
1993 SCMR 1533,
2009 SCMR 1005
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Income Tax Ordinance, 1979
|
| Sections |
9,
93,
121,
162
|