| Case ID |
36dc119f-0635-4e57-9e3d-147b74ee369d |
| Body |
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| Case Number |
Writ Petition No. 14890 of 1997 |
| Decision Date |
Nov 06, 1998 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by Ejaz Ahmad against the Tourism Development Corporation of Punjab on the grounds that the respondent, being a public company incorporated under the Companies Ordinance, 1984, does not fall within the definition of a 'person' as per Article 199(5) of the Constitution of Pakistan. The court upheld that the petition lacked competence and maintainability, emphasizing the legal distinction between public companies and individuals as defined in constitutional law. The argument presented by the counsel for the respondents was supported by the memorandum and articles of association of the Tourism Development Corporation, demonstrating that it does not come under the purview of the constitutional provision in question. |
| Summary |
In the case of Writ Petition No. 14890 of 1997, the Lahore High Court addressed the competency of a constitutional petition filed by Ejaz Ahmad against the Tourism Development Corporation of Punjab. The court examined the legal definitions and implications of Article 199(5) of the Constitution of Pakistan, which pertains to the eligibility of entities to be deemed 'persons' for the purpose of constitutional petitions. The court concluded that since the Tourism Development Corporation is a public company incorporated under the Companies Ordinance, 1984, it does not qualify as a 'person' within the meaning of the Constitution. This pivotal ruling reinforces the legal framework surrounding public companies and their standing in constitutional matters, highlighting the importance of adhering to the definitions set forth in the law. The decision not only clarifies the limitations of constitutional petitions against public entities but also emphasizes the significance of the memorandum and articles of association in determining the legal status of organizations. This case serves as a crucial reference for future legal disputes involving public companies and their interactions with constitutional law, marking a significant development in the interpretation of legal definitions within the Pakistani legal system. |
| Court |
Lahore High Court
|
| Entities Involved |
Tourism Development Corporation of Punjab
|
| Judges |
AMIR ALAM KHAN, J
|
| Lawyers |
Muhammad Aslam Mian,
Tariq Shamim,
Abdul Ghaffar
|
| Petitioners |
EJAZ AHMAD
|
| Respondents |
others,
TOURISM DEVELOPMENT CORPORATION OF PUNJAB
|
| Citations |
1999 SLD 1009,
1999 CLC 1532
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
199(5)
|