Proprietary remedy
Proprietary remedy legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Where an agent received a benefit in breach of his fiduciary duty, he was obliged to account to the principal for such a benefit, and to pay, in effect, a sum equal to profit by way of equitable compensation
Principal's right to seek an account undoubtedly gave him a right in equitable compensation in respect of the bribe or secret commission, which equaled the quantum of that bribe or commission (subject to any permissible deduction in favour of the agent - e.g. for expenses incurred)
Where an agent acquired a benefit which came to his notice as a result of his fiduciary position, or pursuant to an opportunity which resulted from his fiduciary position, the general equitable rule was that he was to be treated as having acquired the benefit on behalf of his principal, so it was beneficially owned by the principal
In such cases, the principal had a proprietary remedy in addition to his personal remedy against the agent, and the principal could elect between the two remedies.
"Proprietary remedy", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124946910
Precedents & Case Laws citing "Proprietary remedy"
2014 S C M R 1702
CEDAR CAPITAL PARTNERS LLC — Appellant Versus FHR EUROPEAN VENTURES LLP and others — Respondents
Court: Supreme Court of UK*2026 S C M R 717
NAWAB KHAN and another — Petitioners Versus MUHAMMAD YOUSAF and others — Respondents
Court: Supreme Court of Pakistan2025 S C M R 1764
RUKHADZE and others — Appellants Versus RECOVERY PARTNERS GP LTD and another — Respondents
Court: Supreme Court of UK*2003 C L C 1967
Mst. BARKAT JAN and others‑‑‑Petitioners Versus CUSTODIAN EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD and others‑‑‑Respondents
Court: Azad J&K2003 Y L R 427
MUHAMMAD RAMZAN‑‑‑Petitioner Versus MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB, LAHORE and 12
Court: Lahore1984 C L C 2210
MUHAMMAD HASSAN AND OTHERS‑Petitioners Versus MEMBER, BOARD OF REVENUE AND OTHERS‑Respondents
Court: LahoreP L D 2007 Supreme Court (AJ&K) 119
TAHIR MAHMOOD and 3 others — Appellants Versus KHALID SHARIF and 9 others — Respondents
Court: High CourtP L D 1968 Lahore 1155
MUHAMMAD ASHRAF‑Petitioner Versus BOARD OF REVENUE, WEST PAKISTAN
Court: (e) Constitution of Pakistan (1962)---Art. 98 read with Art. 2- Party who stands to gain or lose an advantage by observance or non‑observance of law, is an "aggrieved" party under Art. 98 Problem cannot be viewed from an angle which may give observance of law the look of an ex gratia act‑Instructions issued by Board of Revenue in connection with allotment of and transfer of pro prietary rights in land under Grow More Food Scheme, 1956‑Have force of Law and are not merely departmental instructions for information of Revenue Officers.‑Writ Petition No. 684 of 1960 and Raja and others v. Member Board of Revenue and another P L D 1967 Lah. 329 dissented from.2008 C L C 1120
DILSHAD NABI RIAZ and 7 others — Petitioners Versus DISTRICT NAZIM, DISTRICT RAHIMYAR KHAN and 3 others — Respondents
Court: Lahore2003 Y L R 52
MUHAMMAD NAEEM‑‑‑Petitioner Versus PROVINCE OF PUNJAB‑‑‑Respondent
Court: Lahore