| Case ID |
3cde6092-b7df-4387-8b29-9801c7c2edc1 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 197-K of 20 |
| Decision Date |
Apr 06, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition as it lacked merit, confirming the High Court's decision. The Court found that the plea raised by the petitioner regarding the dishonoured cheque was not previously presented in the affidavit-in-rejoinder nor argued before the High Court. Consequently, the petitioner was not entitled to raise this new argument at this stage. The Court emphasized that any breach of the licence agreement and its implications should be resolved in an appropriate forum rather than through constitutional jurisdiction. The judgment reiterated that the petitioner had failed to comply with the terms of the licence agreement, including the requirement to make payments as stipulated. The dismissal of the case was based on the recognition that the remedy, if any, lay outside the High Court's jurisdiction. |
| Summary |
In this case, the Supreme Court of Pakistan addressed a civil petition concerning the cancellation of a contract for baggage strapping and tag collection services at the Jinnah Terminal Complex. The petitioner, TRACK TRIANGLE AVIATION SERVICES, contended that their licence was wrongfully cancelled due to an alleged dishonour of a cheque. The Supreme Court upheld the High Court's ruling, emphasizing that the petitioner had failed to raise the argument regarding the cheque's dishonour in the appropriate manner. The decision highlighted the importance of adhering to the terms of contractual obligations and the proper channels for dispute resolution. Key legal principles regarding the enforcement of contracts and the limitations of constitutional jurisdiction were reinforced. This ruling serves as a significant reference for similar cases involving contractual disputes and the invocation of constitutional rights in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Civil Aviation Authority,
Quaid-e-Azam International Airport,
Jinnah Terminal Complex
|
| Judges |
RANA BHAGWANDAS,
SYED DEEDAR HUSSAIN SHAH,
HAMID ALI MINA
|
| Lawyers |
Khawaja Sharful Islam,
Akhlaq Ahmed Siddiqui
|
| Petitioners |
Messrs TRACK TRIANGLE AVIATION SERVICES (PVT.) LIMITED
|
| Respondents |
Khawaja Sharful Islam,
Akhlaq Ahmed Siddiqui
|
| Citations |
2002 SLD 1302,
2002 SCMR 1061
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Contract Act (IX of 1872)
|
| Sections |
Art. 185,
Art. 199,
S.39
|