FEDERATION OF PAKISTAN through Ministry of Water and Power vs SPENCER POWERGEN COMPANY OF PAKISTAN LIMITED — 2026 CLD 408 SUPREME-COURT

Case information

Citation: 2026 CLD 408 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: CLD
Parties: FEDERATION OF PAKISTAN through Ministry of Water and Power vs SPENCER POWERGEN COMPANY OF PAKISTAN LIMITED
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

FEDERATION OF PAKISTAN through Ministry of Water and Power VS SPENCER POWERGEN COMPANY OF PAKISTAN LIMITED. Art. 199---Constitutional jurisdiction of the High Court, exercise of---Disputes arising out of a contract, interference in---Scope---Article 199 of the Constitution empowers High Courts to issue writs for the enforcement of fundamental rights and public duties---Actions of the State, its instrumentality, any public authority or person whose actions bear insignia of public law element or public character are amenable to judicial review and the validity of such an action would be tested on the anvil of the provisions of the Constitution and, in particular, the fundamental rights enshrined therein---However, when a dispute arises purely out of a contract, the courts have generally held that writ jurisdiction is not meant to settle private contractual rights, especially when an alternate civil remedy exists---While exercising the power under Article 199 of the Constitution, the High Court would be circumspect to adjudicate the disputes arising out of a contract depending on the facts and circumstances in a given case---After the State or its agents enter into the field of the ordinary contract, the relations are governed by the provisions of the contract which determines the rights and obligations of the parties inter se.

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