| Case ID |
42bba626-c0ed-4839-ae8b-cebf257ba79b |
| Body |
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| Case Number |
Civil Appeal No. 284 of 2017 |
| Decision Date |
Sep 27, 2022 |
| Hearing Date |
Sep 27, 2022 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by Pakistan Television Corporation against the judgment of the Islamabad High Court, which upheld the lower courts' decisions in favor of Noor Sanat Shah. The court found that the Civil Court had jurisdiction to hear cases for tortious liability against state entities. It was ruled that the respondent had indeed suffered economic loss due to the actions of the appellant, and the appellant was held vicariously liable for the tortious acts of its employees. The court affirmed the lower courts' decrees for damages amounting to Rs.310,000 for economic loss and an additional Rs.2,000,000 for mental agony caused by the appellant's negligence in implementing the orders of the National Industrial Relations Commission (NIRC). The Supreme Court clarified that sovereign immunity does not protect state corporations from tortious claims, thus reinforcing the principle of accountability for state entities in Pakistan. |
| Summary |
In the case of Pakistan Television Corporation vs Noor Sanat Shah, the Supreme Court of Pakistan addressed significant issues regarding tortious liability and the jurisdiction of civil courts over state entities. The respondent, Noor Sanat Shah, claimed damages due to economic loss and mental agony resulting from the appellant's failure to comply with the NIRC's orders. The court ruled that the Civil Court had the authority to adjudicate such claims based on Section 9 of the Civil Procedure Code. The decision emphasized the importance of holding state corporations accountable for the actions of their employees, thereby advancing the legal framework governing tortious liabilities in Pakistan. The case highlights the evolving nature of corporate accountability and the rights of employees to seek redress against negligent state entities, ensuring that justice is served and the rule of law is upheld. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
PAKISTAN TELEVISION CORPORATION,
NOOR SANAT SHAH
|
| Judges |
IJAZ UL AHSAN,
SAYYED MAZAHAR ALI AKBAR NAQVI
|
| Lawyers |
Muhammad Nazir Jawad, Advocate Supreme Court,
Ahmad Nawaz Chaudhary, Advocate-on-Record,
Malik Muhammad Qayyum, Senior Advocate Supreme Court,
Chaudhary Akhtar Ali, Advocate-on-Record
|
| Petitioners |
PAKISTAN TELEVISION CORPORATION
|
| Respondents |
NOOR SANAT SHAH
|
| Citations |
2023 SLD 573,
2023 SCMR 616
|
| Other Citations |
PLD 2021 SC 564,
PLD 1962 SC 28,
PLD 1963 SC 627,
PLD 1975 BJ 11,
PLD 1991 Lah. 469
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
9
|