Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Background: The petitioner, a registered contractor with the respondent authority, was awarded a contract for providing and installing security equipment at Faisal Masjid, Islamabad, following a tender process. The petitioner claimed to have completed the project in accordance with the contract specifications, which was verified by the respondent's functionaries. Despite this, the respondent allegedly withheld payment for the completed work. The petitioner filed a writ petition seeking a direction for the respondent to release the payment, alleging discriminatory treatment intended to cause harm. -----Issues: 1- Whether the withholding of payment by the respondent constitutes a breach of contract actionable under constitutional jurisdiction. -----2- Whether the petitioner has an alternate remedy under contractual terms or civil law for the recovery of the claimed amount. -----3- Whether the precedents cited by the petitioner are applicable to the present case. -----Holding/Reasoning/Outcome: --Jurisdictional Limitations: The court held that the dispute involved factual and financial controversies stemming from a contractual relationship, which cannot be effectively adjudicated under constitutional jurisdiction. Such matters are better resolved through alternate remedies, including invoking penal clauses within the contract or pursuing civil litigation. The court noted that the case laws cited by the petitioner were inapplicable due to distinct facts and circumstances. In the present case, there was no allegation of breach of contract by the respondent authority, which made the constitutional petition unsuitable. The court emphasized that the petitioner’s proper course of action would be to invoke the relevant penal clauses in the contract or to file a suit in a court of competent jurisdiction for the recovery of the claimed amount. The petition was dismissed in limine on the grounds of lack of merit and the availability of alternate remedies. -----Citations/Precedents The petitioner cited the following case laws: Zia Brothers v. Secretary of Purchase Committee [2007 CLC 1181] Messrs Airport Support Services v. The Airport Manager, Quaid-e-Azam International Airport, Karachi, etc. [1998 SCMR 2268] Messrs Wak Orient Power & Light Limited through Chief Executive, Lahore [1998 CLC 1178]

Summary: PLJ 2014 Lahore 38 Present Nasir Saeed Sheikh J MUHAMMAD ASGHAR - - Petitioner versus MUHAMMAD AMIN and 11 others - - Respondents CR No 386 of 2003 heard on 2592013 Civil Procedure Code 1908 (V of 1908) - - - - - - O XLI Rr 21 27 - - Additional evidence - - Oral transaction of sale incorporated in mutation - - Application for seeking permission to produce additional evidence of two witnesses ie lumberdars who had identified deceased as executant of mutation - - Beneficiary of transaction of sale incorporated in mutation - - Obligation to prove - - Necessary two witnesses - - Concept of production of additional evidence was only for needs of Court and not for allowing to fill up lacuna - - Order of closing rights to cross - examine - - Validity - - Petitioner did not produce best evidence proving the identification by two witnesses who were lumberdars in whose presence oral transaction of sale was claimed by petitioner to have been incorporated in revenue record - - Patwari and Naib Tehsildar who appeared on behalf of petitioner did not categorically state that sale price was paid in presence by petitioner to deceased - - Petitioner had failed to prove oral transaction of sale having been genuinely entered by deceased who was proved to suffer from some mental disorder - - Therefore in exercise of revisional jurisdiction High Court did not find it a fit case for interference in concurrent judgments and decree passed by Courts below - - Respondents who were admittedly legal heirs of deceased had been rightly granted decree as prayed for by Courts below - - Revision was dismissed [P 46] A B 1992 SCMR 1832 1998 SCMR 671 2005 SCMR 348 2000 CLC 1272 rel Mr Zubda Tul Hussain Advocate for Petitioner Mr Muhammad Iqbal Mohal Advocate for RespondentsJudgement Result:Petition dismissed

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.