| Case ID |
d58cedef-8b94-4b1e-b1d1-eaba73945a20 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 72 |
| Decision Date |
Jun 28, 1971 |
| Hearing Date |
Jun 28, 1971 |
| Decision |
The Supreme Court dismissed the petition for special leave to appeal, affirming that the High Court's function under Article 98 of the Constitution is not to engage in academic exercises regarding the validity of laws or notifications unless a party is adversely affected. In this case, the petitioners had already received the relief they sought, with assurances from the Additional Advocate-General that no arbitrary actions would be taken against them. The Court found no further grievance that warranted its jurisdiction, leading to the dismissal of the petition as misconceived. |
| Summary |
In the landmark case of DOABA GOODS FORWARDING AGENCY LTD. vs. PROVINCE OF PUNJAB, the Supreme Court of Pakistan addressed the limits of the High Court's jurisdiction under Article 98 of the Constitution of 1962. The petitioners, engaged in goods forwarding, challenged actions taken by the Secretary of the Regional Transport Authority, claiming their trucks were unlawfully impounded under the West Pakistan Bus Stand and Traffic Control (Lahore) Ordinance, 1963. The High Court, however, noted that since the impounding orders were recalled and an assurance was given that future actions would comply with the law, there was no longer a matter to adjudicate. The Supreme Court upheld this reasoning, emphasizing that judicial review is reserved for situations where legal rights are at stake. This case highlights the balance between administrative authority and judicial oversight, making it a pivotal reference for future cases involving administrative law and constitutional challenges in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
SAJJAD AHMAD,
SALAHUDDIN AHMED
|
| Lawyers |
Sh. Ghias Mohammad, Senior Advocate Supreme Court,
Malik Mohammad Afial, Advocate,
Kh. Walt Mohammad, Advocate-on Record
|
| Petitioners |
DOABA GOODS FORWARDING AGENCY LTD.,
SH. AZIZ AHMAD
|
| Respondents |
PROVINCE OF PUNJAB THROUGH SECRETARY, TRANSPORT
|
| Citations |
1971 SLD 295,
1971 SCMR 527
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1962),
West Pakistan Bus Stand and Traffic Control (Lahore) Ordinance, 1963
|
| Sections |
98,
3,
11
|