MUHAMMAD HASSAN MUSTAFA (Late) vs OIL AND GAS DEVELOPMENT COMPANY LIMITED (OGDCL), through Managing Director/C

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD HASSAN MUSTAFA (Late) VS OIL AND GAS DEVELOPMENT COMPANY LIMITED (OGDCL), through Managing Director/Chief Executive Officer S. 3(2), proviso---Constitution of Pakistan, Art. 199---Intra Court Appeal (ICA)---Remedy---Scope---Remedy of ICA has been provided to a person aggrieved by a decision of a Single Judge rendered in exercise of civil original jurisdiction---According to proviso to S. 3(2) of the Law Reforms Ordinance, 1972, the remedy of Intra Court Appeal is not available if the constitutional petition filed before the High Court in terms of Art. 199 of the Constitution arose out of any proceedings in which the law applicable provided for at least one appeal or one revision or one review to any Court, Tribunal or Authority against the original order---Appellant admittedly assailed the orders passed by the Competent Authority, Appellate Authority and Revisional Authority in the constitutional petition, thus, the bar contained under proviso to S.3(2) of the Law Reforms Ordinance, 1972, came into play and impeded the way of the appellant to maintain such appeal---Intra Court Appeal was dismissed, in circumstances. Citation Name: 2025 PLC(CS) 1528 ISLAMABADBookmark this Case MUHAMMAD HASSAN MUSTAFA (Late) VS OIL AND GAS DEVELOPMENT COMPANY LIMITED (OGDCL), through Managing Director/Chief Executive Officer art. 199---Constitutional jurisdiction of High Court---Nature---Discretionary---Employment---appointment on the basis of bogus academic credentials---Concealment of material facts---Unclean hands---Effect---Principle of equity---applicability---Doctrine of uberrima fides---Scope---appellant filed second writ petition on the same cause of action without making disclosure of prior proceedings---Such act amounted to the suppression of material facts, which reflected an abuse of process of law as the second petition effectively sought to re-agitate issues already adjudicated, thereby leading to multiplicity of litigation---Obtaining a judicial order based on inaccurate facts or misrepresented documentation constitutes a serious infraction within the legal framework, as it undermines the sanctity of judicial proceedings and may lead to substantial injustice---a party seeking relief has a legal duty to disclose all material facts with honesty and precision---Such obligation is rooted in the doctrine of uberrima fides, a principle mandating the utmost good faith in dealings with the court, which is essential for litigants to substantiate their claims with accurate and relevant document; reliance or irrelevant material represents a breach of such fundamental duty---Writ jurisdiction of High Court under art. 199 of the Constitution is an extraordinary, equitable, discretionary and prerogative remedy, which is invoked primarily for the enforcement of fundamental rights and to rectify instances of illegality or irregularity committed by the Executive---Given the extraordinary nature of this jurisdiction, it is imperative that a petitioner approaching High Court must do so with clean hands, presenting all relevant facts fully and transparently, without any concealment or suppression---Failure to make an honest and complete disclosure of all material facts may render the petitioner guilty of misleading the Court, warranting the dismissal of the petition.

MUHAMMAD HASSAN MUSTAFA (Late) vs OIL AND GAS DEVELOPMENT COMPANY LIMITED (OGDCL), through Managing Director/Chief Executive Officer S — 2025 PLC(CS) 1528 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2025 PLC