| Case ID |
ff8e3558-9b0f-4029-82c3-39bed5b15370 |
| Body |
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| Case Number |
High Court Appeal No. 24 of 2018 |
| Decision Date |
Sep 30, 2020 |
| Hearing Date |
Aug 24, 2020 |
| Decision |
The High Court Appeal was filed against the judgment and decree passed by the learned Single Judge regarding the liability of the respondent for the theft of furnace oil during transportation. The court upheld the modifications made by the learned Single Judge, which reduced the penalty from an excessive claim for multiple trips to a liability for only the trip on which the theft was detected. The court emphasized the importance of adhering to Standard Operating Procedures (SOPs) while also recognizing that they should not violate fundamental principles of law. |
| Summary |
In the case of Pakistan State Oil Company Limited vs. Messrs Jawed Pervaiz Enterprises, the Sindh High Court examined the liability of a carriage contractor for the theft of furnace oil during transportation. The dispute arose when the oil company alleged that a significant quantity of oil was pilfered during multiple trips. The Arbitrator initially ruled in favor of the oil company, but the Single Judge modified the award, limiting the contractor's liability to the trip where the theft was confirmed. This case highlights the significance of Standard Operating Procedures (SOPs) in corporate governance and legal compliance, while also underlining the need for fair application of penalties in contractual agreements. The ruling reinforces the necessity for companies to communicate SOPs effectively to contractors and ensure compliance. This case serves as a critical reference for understanding the interplay between contractual obligations and operational guidelines in the oil and gas industry. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
IRFAN SAADAT KHAN,
MUHAMMAD FAISAL KAMAL ALAM
|
| Lawyers |
Rafiq Ahmed Kalwar,
Yousuf Moulvi
|
| Petitioners |
PAKISTAN STATE OIL COMPANY LIMITED
|
| Respondents |
MESSRS JAWED PERVAIZ ENTERPRISES
|
| Citations |
2021 SLD 103,
2021 PLD 76
|
| Other Citations |
Wadero Muhammad Tayyab v. Akbar Hussain and another 1989 MLD 3952,
Muhammad Akhtar v. Mst. Manna and others 2001 SCMR 1700,
Saibesh Chandra Sarkar v. Bijoychand Mohatop Bahadur AIR 1922 Calcutta 4,
Khimji v. Nathibai AIR 1925 Sindh 42,
Devani v. Wells 2019 SCMR 711,
Churchill Falls (Labrador) Corporation v. Hydro Quebec 2019 SCMR 454,
Muhammad Sattar and others v. Tariq Javaid and others 2017 SCMR 98,
Messrs Mechanised Contractors of Pakistan Limited v. Airport Development Authority, Karachi 2000 CLC 1239,
A. Qutubuddin Khan v. Chec Millwala Dredging Co. Pvt.) Limited 2014 SCMR 1268,
Allah Din and Company v. Trading Corporation of Pakistan and others 2006 SCMR 615,
House Building Finance Corporation v. Shahinshah Humayun Cooperative House Building Society and others 1992 SCMR 19
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| Laws Involved |
Not available
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| Sections |
Not available
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