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SHAKEEL AHMAD ZAIDI vs SECRETARY, HIGHER EDUCATION, GOVERNMENT OF PUNJAB, LAHORE applicability and exception — 2021 SCMR 474 SUPREME-COURT

Case information

Citation
2021 SCMR 474 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
SHAKEEL AHMAD ZAIDI vs SECRETARY, HIGHER EDUCATION, GOVERNMENT OF PUNJAB, LAHORE applicability and exception

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHAKEEL AHMAD ZAIDI VS SECRETARY, HIGHER EDUCATION, GOVERNMENT OF PUNJAB, LAHORE applicability and exception---Benefit/allowance paid under a mistake, recovery of---Only where lawful orders had been passed by an authority having the power to do so under the relevant law and a person bona fide received a benefit under the said law without any positive action on his part, such beneficiary could claim a right under the exception to the principle of locus poenitentiae and claim that the benefit bona fide received by him by virtue of a lawful order passed by the competent authority (which at the relevant time and for its duration till its withdrawal was lawfully passed by an authority competent to pass such order) could not subsequently be recovered by virtue of the protection available under the exception to the said rule.

Other judgments reported in 2021 SCMR

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