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Top Cases

Arshad
Reference:

Waheed
PLD

vs.
[2010]

Punjmin
Lah

etc.
510

The matter pertained to the grant/transfer of property of the


government held in public trust by the government and its disposal in
contravention of Article 18 of the Constitution of Pakistan. The process
leading up to the grant of lease of exploration rights was tainted with
fraud and malice and was in derogation of the requirement of fairness
and transparency. The grant of lease was set aside and it was held that
state property was held as trust by the representatives of the people
and had to be disposal of in accordance with the principles of fairness,
transparency
and
equity.
Rana Aamer Raza Ashfaq and another vs. Dr. Minhaj Ahmad
Khan
and
another
Reference:
[2012]
SCMR
6
The matter involved the powers and authorities of the Governor and
the Chief Minister of Punjab respectively under the amended
Constitution of Pakistan 1973. The Supreme Court unequivocally held
that the Governor in the discharge of his Constitutional and Statutory
functions was bound by the advice of the Chief Minister, since the Chief
Minister was the elected leader of the province and the Governor was
bound to act in term of the advice of the Chief Minister according to
the Constitution of Pakistan. The Court emphasized that the Governor
could not act in his own right and ought to heed the advice of the Chief
Minister.
Khuttam Nazir and another vs. Province of Punjab through
Secretary Industries and 4 others
Reference: PLD [2011] Lah 276
The question of excessive delegation of legislation involving the vires
of Rule 10 sub clause 3 of Land Acquisition Rules 1983 was in issue
before the Lahore High Court Lahore. Mr. Faisal Zaman Khan, Additional
Advocate General Punjab successfully convinced the court that Rule 10
(3) in its present form infringed the provision of the main Act and
therefore ultra-vires the Land Acquisition Act 1894. It was held that
Rules made under the authority of a primary Act could not exceed the
ambit of the parent Act.
18th Amendment
Reference: PLD [2010] SC 1165
In this case the Supreme Court examined the vires and
constitutionality of the 18th Amendment made to the Constitution of
Islamic Republic Pakistan 1973. The Supreme Court reviewed and
suggested certain additions and modifications to the amendment in

question. The Supreme Court was ably assisted by the team of the
office of the Advocate General Punjab in the matter of the
18th Amendment.
Amir Khan & Co vs. Government of the Punjab
Reference: PLD [2010] Lah 443
In this case auction of collection rights in favour of a private contractor
was sought. The Lahore High Court was ably assisted by Syed Nayyar
Abbas Rizvi, Additional Advocate General, Punjab who argued
successfully before the court in terms of Rule 3 that no award could be
made in favour of a private contractor. The judgment was approvingly
upheld
by
the
Supreme
Court
of
Pakistan.
Syed Muhammad Murtaza Zaidi vs. Motor Registration
Authority and others
Reference: CLC [2010] 494
The imposition of luxury tax on Motor Vehicle with capacity of 2000 CC
and above was challenged as being unconstitutional. The Government
of Punjab convinced the Lahore High Court that the levy in-question
was imposed on the use of motor vehicles and not on the vehicle itself
and therefore there was no question of double taxation or
unconstitutionality of the legislation whereby the tax had been
imposed. This judgment was upheld by Supreme Court of Pakistan in
[2010] SCMR 983.

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