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Public Authority

Public Authority legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2024 PLD 1 ISLAMABAD Judicial Precedent
Art. 4Public authorityPrinciple

It is the requirement of Art. 4 of the Constitution that for an action of administrative body or tribunal to be clothed with legality, the public authority must not have exceeded its statutory power.

2018 SCMR 1342 SUPREME-COURT-OF-UK Judicial Precedent
Public authorityDiscrimination

Where a public authority had the option to avoid replicating an earlier mistake but at some cost to equal treatment, the choice was one for the authority rather than the court, subject to the usual constrains of lawfulness and rationality

If, and only if, the authority acted outside such constraints would its choice be subject to judicial review.

2014 SCMR 676 SUPREME-COURT Judicial Precedent
Duty to act fairlyScopeNo unfettered power existed under public law

Public authority possessed powers only to use them for public good and this imposed a duty to act fairly.

2013 SCMR 1707 SUPREME-COURT Judicial Precedent

Public authority was a body which had public or statutory duties to perform and which performed such duties and carried out its transactions for the benefit of the public and not for private gain or profit

Such an authority, however was not precluded from making a profit for the public benefit.

2013 PLD 45 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Art. 199Constitutional jurisdiction of High CourtPublic authorityDrawing of classification, interference inScope

Competent authority had power to draw reasonable classification amongst different groups and same could not be upset until and unless same was proved to have been launched against fundamental rights of citizens.

2013 PLD 413 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Public authorityDiscretion of public authority and public officials

Nature and scope.

2012 SCMR 1549 SUPREME-COURT-OF-INDIA Judicial Precedent
Public authorityInaction in performance of statutory dutyAction performed without authority of lawLiability for damages

Scope.

2012 SCMR 1549 SUPREME-COURT-OF-INDIA Judicial Precedent
Public authorityNegligence in performance of statutory duty resulting in death/injuryEnforcement of constitutional right by courtsGroup action by victimsCompensation, amount ofCalculation of compensation on basis of income of victims

Scope.

2012 SCMR 1549 SUPREME-COURT-OF-INDIA Judicial Precedent
Public authorityNegligence in performance of statutory dutyBreach of fundamental rightsEnforcement of constitutional rights by courtsLiability of public authority for such negligenceCompensation

Scope.

2012 SCMR 1549 SUPREME-COURT-OF-INDIA Judicial Precedent
Public authorityNegligenceDamagesNegligence in performance of statutory dutyBreach of fundamental rightsLiability of public authority for such negligenceScopeEnforcement of constitutional rights by courtsFire in cinema theatre due to fault in a transformer installed by Power Board ("Board")Inadequate safety arrangements made by cinema ownerDeaths caused by noxious fumes and smoke

Whether Municipal Corporation ("Corporation") of the city and Licensing Authority for cinemas could be held liable for improper discharge of statutory functions

Scope.

2012 SCMR 1549 SUPREME-COURT-OF-INDIA Judicial Precedent
Public authorityNegligence in performance of statutory dutyBreach of fundamental rightsLiability of public authority for such negligenceScopeCompensation, determination ofMethod and policyScope

Enforcement of constitutional rights by courts.

2012 SCMR 1549 SUPREME-COURT-OF-INDIA Judicial Precedent
Public authorityNegligenceDamages, reduction inNegligence in performance of statutory duty-Breach of fundamental rightsCompensation amount, determination ofPunitive damages, award ofScope and purposeEnforcement of constitutional rights by courtsFire in cinema theatre due to fault in a transformer installed by Power Board ("Board")Inadequate safety arrangements made by cinema ownerInstallation of illegal and unauthorized additional seats in the cinemaDeaths caused by noxious fumes and smoke

High Court held cinema owner and Power Board liable to pay compensation at a flat rate of Rs. 18 lakhs for each deceased person aged above 20 years and Rs. 15 lakhs for each deceased person aged below 20 years

High Court also awarded punitive damages of Rs. 2.5 crores against the cinema owner based on the profits he had obtained from installing illegal and unauthorized seats at the cinema

Validity.

2012 SCMR 1549 SUPREME-COURT-OF-INDIA Judicial Precedent
Public authorityRight to life and personal liberty, breach ofPublic authority breaching fundamental rights in performance of its statutory dutyLiability of public authority for punitive damagesScope

Enforcement of constitutional rights by courts.

2012 PLC(CS) 1062 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Public authorityDiscretion of public authority and public officials

Nature and scope.

1997 SCMR 641 SUPREME-COURT Judicial Precedent
Public AuthorityRights and discretionScope

Public authority cannot by agreement fetter its rights and discretion vested in it by law.

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Precedents & Case Laws citing "Public Authority"

PLD 2013
N/A

P L D 2013 Lahore 667

PAK MOBILE COMMUNICATION and others — Petitioners Versus FEDERATION OF PAKISTAN and others — Respondents

Court: High Court
PLC(CS) 2012
Writ Petition No.8775 of 2011, decided on 23rd August, 2011.

2012 P L C (C

IMRAN ARIF RANJHA and others Versus PUNJAB PUBLIC SERVICE COMMISSION and others

Court: Lahore High Court
PLD 2005
N/A

P L D 2005 Lahore 728

MUBASHIR IQBAL — Petitioner Versus SECRETARY, EXCISE AND TAXATION, GOVERNMENT OF PUNJAB, LAHORE and 5 others — Respondents

Court: High Court
PLD 1952
1952-June-10

P L D 1952 Privy Council 7

FIRESTONE. TIRE AND RUBBER COMPANY (S. S.) LIMITED‑Appellants Versus SINGAPORE HARBOUR BOARD‑Respondents

Court: High Court
PLD 1963
30th July 1963

P L D 1963 Azad J & K 90

MIR AHMAD KHAN‑Petitioner Versus SARKAR‑Respondent

Court: High Court
PLC(CS) 2014
Writ Petition No.6065 of 2012, decided on 21st March, 2013.

2014 P L C (C

Rana MEHTAB, ADVOCATE Versus F.O.P. and others

Court: Lahore High Court
YLR 2003
N/A

2003 Y L R 1473

WELFARE ASSOCIATION OF THE FIELD ORGANIZERS OF WEEKLY BAZAR, KARACHI and another — Petitioners Versus KARACHI DEVELOPMENT AUTHORITY and others — Respondents

Court: Karachi
PLC(CS) 2026
Constitution Petition No.D-1338 of 2023, decided on 19th April, 2024.

2026 P L C (C

Dr. SHAKEELA Versus UNIVERSITY OF SINDH through Vice-Chancellor/Chairman Selection Board University of Sindh Jamshoro and 13 others

Court: Sindh High Court (Hyderabad Bench)
PLC(CS) 1990
Writ Petition No. 27 of 1.990, decided on 19th June, 1990.

1990 P L C (C

Syed ZAMAN ALI SHAH and 3 others Versus AZAD JAMMU AND KASHMIR GOVERNMENT and another

Court: AJ&K (High Curt)
CLC 2008
2007-May-22

2008 C L C 637

Messrs SHAFIQ TEXTILE MILLS LTD. through Director — Petitioner Versus PROVINCE OF SINDH through Secretary, Local Bodies and 21 others — Respondents

Court: Karachi