KARSAZ (PVT.) LIMITED vs FEDERATION OF PAKISTAN through Secretary, Ministry of Commerce art

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KARSAZ (PVT.) LIMITED VS FEDERATION OF PAKISTAN through Secretary, Ministry of Commerce art. 199---Constitutional jurisdiction of the High Court---Restriction of raising a new plea before the High Court---Waiver and estoppel---approbate and reprobate---Principles---any plea not raised before the relevant forum or the appellate authority will be deemed to have been waived and cannot be permitted to be raised directly before the High Court in the exercise of its Constitutional jurisdiction---Waiver is an intentional and conscious relinquishment of a known right---It may be by a positive act of relinquishment or it may be inferred from the conduct of the party---Waiver is an intentional relinquishment of known right and unless there is cogent evidence reflecting the respondent's conduct clearly indicative of abandonment of his right he cannot be said to have deliberately foregone his such right---Waiver and estoppel, in legal parlance, are inter-related and complementary inter se---It is a trite principle of law that a party is bound by its conduct---Where the principle of estoppel is pressed into service on the basis of some admitted/undisputed facts of the case, a party is bound by its pleadings and conduct, hence, at any later stage, it cannot turn around to wriggle out from the consequence of such admission and conduct of submitting to the jurisdiction of such authority---In the case at hand, besides the principles of waiver and estoppel, the doctrine of approbate and reprobate was also applicable---The maxim qui approbat non-reprobat (one who approbates cannot reprobate) provides that a person taking advantage under an instrument which both grants a benefit and imposes a burden cannot take the former without complying with the latter---This doctrine upholds the sanctity of procedural fairness by disallowing inconsistent positions within the same proceedings---Petition was dismissed, in circumstances.

KARSAZ (PVT.) LIMITED vs FEDERATION OF PAKISTAN through Secretary, Ministry of Commerce art — 2025 CLC 1281 ISLAMABAD

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