| Case ID |
379ad0b3-9922-4103-9787-c7804daa3fbd |
| Body |
View case body. Login to View |
| Case Number |
Const. Petn. No. -D--622 of 1991 |
| Decision Date |
Aug 19, 1991 |
| Hearing Date |
|
| Decision |
The court found that the reduction of the LPG allocation from 15 tons to 5 tons was unlawful and arbitrary. The decision emphasized the importance of complying with natural justice principles, including providing an opportunity for the petitioner to be heard before making such a significant decision. The court directed the respondent to restore the allocated quota of 15 tons of LPG per day to the petitioner, affirming that any order affecting rights must adhere to principles of fairness and legality. |
| Summary |
This case revolves around a petition filed by M/S Capgas (Private) Ltd. against the Ministry of Petroleum and Natural Resources regarding the reduction of their Liquified Petroleum Gas (LPG) allocation. The petitioner claimed that the reduction was arbitrary and violated natural justice principles. The court ruled in favor of the petitioner, emphasizing the necessity of a fair hearing before any decision affecting rights could be made. The judgment reinforced the legal standards surrounding administrative discretion and the obligation of authorities to act within the bounds of the law. Key terms include 'natural justice', 'audi alteram partem', and 'judicial review'. The ruling serves as a critical reference for future cases concerning administrative actions that impinge upon contractual rights and obligations. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ABDUR RAHMAN,
ASLAM PERVAIZ
|
| Lawyers |
Mr. Khalid M. Ishaque,
Mr. Naeem-ur-Rehman,
Mr. Sajid Zahid
|
| Petitioners |
M/S Capgas (Private) Ltd. Karachi
|
| Respondents |
Ministry Of Petroleum And Natural Resources, Through, Director-General Gas, Government Of Pakistan, And Another
|
| Citations |
1991 SLD 2205,
1991 KLR 275
|
| Other Citations |
P.L.D. 1989 S.C. 166,
M.L.D. 1989 11,
P.L.D. 1990 S.C. 1092,
P.L.D. 1988 Lah. 1,
P.L.D. 1989 Lah. 554,
P.L.C. 1988 P-344
|
| Laws Involved |
Not available
|
| Sections |
Not available
|