| Case ID |
443fbfff-e5ba-4942-a8b0-3629a28d5473 |
| Body |
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| Case Number |
Civil Revision Application No. 85 of 1987 |
| Decision Date |
Dec 17, 1990 |
| Hearing Date |
Dec 02, 1990 |
| Decision |
The Sindh High Court accepted the revision application and set aside the impugned judgment and decree passed by the learned District Judge, restoring the order of the learned trial Court that rejected the plaint. The Court held that the suit was not maintainable in light of the provisions of the University of Karachi Act and the Civil Procedure Code. The Court emphasized that the actions taken under the Act are protected, and any mala fide actions cannot be considered as being done under the Act. The judgment highlighted that the respondent failed to provide specific allegations against the legality of the order promoting the respondents Nos. 2 to 5. |
| Summary |
This case revolves around a civil revision application filed by the University of Karachi challenging a judgment by the District Judge regarding the promotion of certain employees. The court addressed the jurisdictional issues under the University of Karachi Act, emphasizing that civil courts do not have jurisdiction over actions taken under the provisions of the Act unless specific allegations of mala fide or illegality are established. The decision reinforced the legal principle that actions taken in good faith under statutory authority are protected from judicial scrutiny. The case also examined procedural aspects under the Civil Procedure Code, particularly concerning the need for specific allegations in pleadings. The court's ruling is significant for understanding the boundaries of civil court jurisdiction in administrative matters involving educational institutions. Keywords: university law, civil procedure, jurisdiction, mala fide actions, promotion legality. |
| Court |
Sindh High Court
|
| Entities Involved |
Muhammad Rafique,
University of Karachi,
Respondents Nos. 2 to 5
|
| Judges |
MUKHTAR AHMED, JUNEJO, J
|
| Lawyers |
Rehanul Hassan Farooqui,
Shahenshah Hussain
|
| Petitioners |
UNIVERSITY OF KARACHI
|
| Respondents |
Respondent No. 3,
Respondent No. 2,
Respondent No. 4,
Respondent No. 5,
MUHAMMAD RAFIQUE
|
| Citations |
1991 SLD 1755,
1991 CLC 752
|
| Other Citations |
Asif Jah Siddique v. Government of Sindh and others P L D 1983 SC 46,
Secretary of State v. Mask & Co. A I R 1940 PC 105,
Mian Muhammad Latif v. Province of West Pakistan and another P L D 1970 SC 180,
Muhammad Din and others v. Imamdin and another P L D 1947 PC 317,
Inayatullah and others v. M.A. Khan and others P L D 1964 SC 126,
Haji Muhammad Aslam Aijaz Ali & Bros. v. Cotton Trading Corporation of Pakistan Ltd. and others 1985 C L C 848,
Pakistan v. Zeal Pak Cement Factory Ltd. 1985 S C M R 1968,
Muhammad Iqbal Khan Niazi v. Vice-Chancellor, University of Punjab P L D 1979 SC 1,
Inayatullah v. Mian Ghulam Ahmed and others P L D 1984 SC 369,
Messrs Hamdard Dawakhana v. Commissioner of Income Tax P L D 1980 SC 84,
Malik Ghulam Mustafa Khar and others v. Pakistan and others P L D 1988 Lah. 49,
M.A. Rashid v. Government of Pakistan and others P L D 1988 Quetta 70,
Zahiruddin and others v. State P L D 1988 Quetta 22,
Abdul Rauf and others v. Abdul Hameed Khan and others P L D 1965 SC 671
|
| Laws Involved |
University of Karachi Act,
Civil Procedure Code
|
| Sections |
51,
6,
2,
9,
115
|