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Citation Name: 2024 MLD 1863 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Syed Muhammad Tasleem Shah vs Government of Pakistan through Ministry of Religious Affairs and Interfaith Harmony Islamabad arts — 2024 MLD 1863 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 MLD 1863 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
MLD
Parties
Citation Name: 2024 MLD 1863 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Syed Muhammad Tasleem Shah vs Government of Pakistan through Ministry of Religious Affairs and Interfaith Harmony Islamabad arts
Subject matter
Constitutional

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

Citation Name: 2024 MLD 1863 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Syed Muhammad Tasleem Shah VS Government of Pakistan through Ministry of Religious Affairs and Interfaith Harmony Islamabad arts.175(2) & 199---Constitutional jurisdiction of High Court---Scope---Equitable relief upon culmination of civil litigation regarding title in tenancy of shops of Evacuee Property Trust Board---Filing of constitutional petition after lapse of six month for removing the lock and decision on his application for transfer of rent receipt in his name---Validity---Petitioner had hot approached High Court with clean hands and sought a declaration of his title in respect of the disputed shop, which had already been declined by Civil Court---Conduct of petitioner could be taken into consideration in allowing or disallowing equitable relief in constitutional jurisdiction---Principle of the court leaning in favour of adjudication of causes on merits appears to be available for invocation only when the person relying on it himself comes to the Court with clean hands and equitable considerations also lie in his favour---High Court, in exercise of writ jurisdiction, is bound to proceed on the maxim "who seeks equity must do equity"---Constitutional jurisdiction is an equitable jurisdiction and whoever comes to High Court to seek relief has to satisfy the conscience of the Court that he has clean hands---Writ jurisdiction cannot be exercised in aid of injustice---Petitioner could claim relief only when he himself was not violating provisions of law, especially of the law under which he was claiming entitlement---High Court cannot exercise its jurisdiction if it leads ultimately to patent injustice---Constitutional petition was dismissed accordingly.

Other judgments reported in 2024 MLD

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