CHIEF EXECUTIVE OFFICER, PESHAWAR ELECTRIC AND POWER COMPANY (PEPCO) vs SAJEEDA BEGUM art — 2023 PLC(CS) 90 SUPREME-COURT

Case information

Citation: 2023 PLC(CS) 90 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLC
Parties: CHIEF EXECUTIVE OFFICER, PESHAWAR ELECTRIC AND POWER COMPANY (PEPCO) vs SAJEEDA BEGUM art
Subject matter: Constitutional
Provisions referred to: S. 7; Companies Ordinance (XLVII of 1984); 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

CHIEF EXECUTIVE OFFICER, PESHAWAR ELECTRIC AND POWER COMPANY (PEPCO) VS SAJEEDA BEGUM art. 199---Companies Ordinance (XLVII of 1984), S. 7(1) [since repealed]---Territorial jurisdiction of Islamabad High Court---Scope---Peshawar Electric Supply Company (PESCO)---Widow of deceased employee of PESCO filing constitutional petition before the Islamabad High Court claiming benefit of Prime Minister's assistance Package of 2014---Maintainability---PESCO was regulated by the Companies Ordinance of 1984 and therefore, the relevant High Court for the purposes of issuance of any directions under article 199 of the Constitution was the High Court where the main office of PESCO was situated---PESCO's headquarters were situated in Peshawar, KPK and none of its activities were undertaken within the territorial jurisdiction of the Islamabad High Court---PESCO had no place of business, branch office or presence in any of the territories that fell within the jurisdiction of the Islamabad High Court---Therefore, in the absence of anything to the contrary, reading article 199 of the Constitution with section 7 of the Companies Ordinance of 1984, led to the un-escapable conclusion that the relevant High Court for the purposes of issuing any directions (if at all any High Court could assume jurisdiction) would have been the Peshawar High Court and not the Islamabad High Court---Petition for leave to appeal was converted into appeal and allowed, and impugned judgment of High Court was set-aside.

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