MAZHAR ALI vs FEDERATION OF PAKISTAN through Secretary, Water and Power Pakistan Secretariat, Islamabad art — 2022 PLC(CS) 150 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLC(CS) 150 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLC
Parties: MAZHAR ALI vs FEDERATION OF PAKISTAN through Secretary, Water and Power Pakistan Secretariat, Islamabad art
Provisions referred to: Companies Ordinance

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

MAZHAR ALI VS FEDERATION OF PAKISTAN through Secretary, Water and Power Pakistan Secretariat, Islamabad art.199---Constitutional jurisdiction---Civil service---Judicial review---Functional test of employer company and institution---Scope---Government is regulator and dispenser of special services and it has power to create jobs, issue licences, fix quotas, grant leases, enter into contracts and provide variety of utility services and basic amenities to the people---Such entrepreneurial activities are at times carried out through companies created under the statutes or under the Companies Ordinance, 1984---Test to determine whether such company is a person amenable to judicial review has been generally classified by the Courts as the functional test---If the functions of these companies/institutions have an element of public authority or if they are performing public or statutory duties and carrying out transactions for the benefit of public at large and not for private gain or benefit, then their action will be amenable to judicial review---Two factors are the most relevant i.e. the extent of financial interest of the State/Federation in an institution and the dominance in the controlling affairs thereof.

Other judgments reported in 2022 PLC

2022 PLC 62 SUPREME-COURTDIVISIONAL SUPERINTENDENT, QUETTA POSTAL DIVISION VS MUHAMMAD IBRAHIM S. 25(1)--- Industrial and Commercial Employment (Standing Orders) Ord…
2022 PLC 62 SUPREME-COURTDIVISIONAL SUPERINTENDENT, QUETTA POSTAL DIVISION VS MUHAMMAD IBRAHIM S. 2(1)(b)(iii)---Industrial Relations Act (X of 2012), S. 2(xxxiii)--…
2022 PLC(CS) 1603 SUPREME-COURTHADAYAT ULLAH VS FEDERATION OF PAKISTAN art. 188---Review jurisdiction of the Supreme Court---Scope---Review jurisdiction of the Court opera…
2022 PLC(CS) 646 ISLAMABADNAEEM ANWAR VS FEDERATION OF PAKISTAN through Secretary, Ministry of Commerce and Textile arts.91, 92, 93 & 67(1)---Power of advisor to the…
2022 PLC 15 PESHAWAR-HIGH-COURTKHALID VS PAKISTAN TOBACCO COMPANY AKORA KHATTAK, DISTRICT OWSHERA, KHYBER PAKHTUNKHWA S.2(i)---"Salesman", status of---Scope---Work of sale…
2022 PLC(CS) 73 ISLAMABADHAMID NASRULLAH RANJHA VS CHIEF COMMISSIONER, ISLAMABAD, ICT Deputation---Scope---Government servant begins to be regarded as a deputationis…

Back to the case-law library · Search Pakistani case law in Urdu or English