Khawaja TARIQ SIDDIQ vs CHAIRMAN, KARACHI ELECTRIC SUPPLY CORPORATION LTD — 2023 MLD 611 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 611 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: Khawaja TARIQ SIDDIQ vs CHAIRMAN, KARACHI ELECTRIC SUPPLY CORPORATION LTD
Subject matter: Criminal
Provisions referred to: S. 13---S; S. 13; S. 39; Defamation Ordinance; Electricity Act

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

Khawaja TARIQ SIDDIQ VS CHAIRMAN, KARACHI ELECTRIC SUPPLY CORPORATION LTD. S. 13---Suit for recovery of damages---Malicious prosecution---Civil Court---Jurisdiction---Plaintiff was aggrieved of registration of criminal case for stealing electricity in his hotel---Plaintiff was acquitted of the charge---Plaintiff sought recovery of damages for starting campaign by defendants to defame plaintiff's hotel---Validity---Jurisdiction of Civil Court in respect of a suit for damages on the ground of loss of reputation and defamation was expressly barred by S. 13 of Defamation Ordinance, 2002---Exclusive jurisdiction was conferred upon District Court to adjudicate upon such matters---Special law excluded general law and where special tribunal or Court was established to hear and decide a dispute, which was contemplated by the special law, then jurisdiction of Courts constituted under general law were ousted from exercising powers of same nature---Plaintiff might have a good case of malicious prosecution as he claimed to have been acquitted of the charge after full-fledged trial in FIR lodged under S. 39 of Electricity Act, 1910 by Trial Court and appeal against acquittal was dismissed by High Court---Plaintiff did not possess any authorization on behalf of the Hotel to sue defendants for damages and compensation---High Court declined to interfere in the matter--- Suit was dismissed, in circumstances.

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