| Case ID |
2c68ed86-f3cd-476d-996c-832fe831beec |
| Body |
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| Case Number |
Civil Appeal No. 39 of 1997 |
| Decision Date |
Feb 06, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal filed by Muhammad Yunus and Sons against the Lahore High Court's judgment. The Court held that the Pakistan Engineering Council has the authority to regulate professional engineering work as defined under the Pakistan Engineering Council Act, 1975. The appellant's contention that its registration was not required was rejected, as the Council's jurisdiction under section 8 of the Act was affirmed. The bye-laws made under section 25 were deemed valid, and the appeal was dismissed in accordance with the precedents set in previous cases. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed the regulatory authority of the Pakistan Engineering Council under the Pakistan Engineering Council Act of 1975. The case arose after the Council required Muhammad Yunus and Sons, a contractor for the Ministry of Water and Power, to register under the Act and its bye-laws. The appellant contended that such registration was unnecessary and that the bye-laws were ultra vires the Act. The Court ultimately affirmed the Council's authority to regulate professional engineering work, emphasizing the need for compliance with the Act's provisions. The decision clarified the jurisdictional scope of the Council and established the validity of the bye-laws, reinforcing the importance of regulatory frameworks in maintaining standards in engineering practices. This case highlights the balance between statutory authority and professional compliance, making it a significant reference point for future engineering and regulatory disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Engineering Council,
Ministry of Water and Power,
Muhammad Yunus and Sons
|
| Judges |
JAVED IQBAL,
SARDAR MUHAMMAD RAZA,
FALAK SHER
|
| Lawyers |
Zafar Ullah Khan,
Sh. Zamir Hussain,
M.S. Khattak,
Abid Hasan Minto,
Ch. Akh Ali
|
| Petitioners |
MUHAMMAD YUNUS AND SONS
|
| Respondents |
others,
MINISTRY OF WATER AND POWER Lahore
|
| Citations |
2003 SLD 3398,
2003 PLD 488
|
| Other Citations |
Pakistan Engineering Council v. Afzal Anwar Associates 1995 SCMR 802,
Fida Hussain v. The Secretary, Kashmir Affairs and Northern Affairs Division, Islamabad and another PLD 1995 SC 701
|
| Laws Involved |
Pakistan Engineering Council Act (V of 1975)
|
| Sections |
2(k),
8,
25
|