Public Authority
Public Authority legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
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.
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.
Public authority possessed powers only to use them for public good and this imposed a duty to act fairly.
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.
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.
Nature and scope.
Scope.
Scope.
Scope.
Whether Municipal Corporation ("Corporation") of the city and Licensing Authority for cinemas could be held liable for improper discharge of statutory functions
Scope.
Enforcement of constitutional rights by courts.
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.
Enforcement of constitutional rights by courts.
Nature and scope.
Public authority cannot by agreement fetter its rights and discretion vested in it by law.
"Public Authority", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/13743
Precedents & Case Laws citing "Public Authority"
P L D 2013 Lahore 667
PAK MOBILE COMMUNICATION and others — Petitioners Versus FEDERATION OF PAKISTAN and others — Respondents
Court: High Court2012 P L C (C
IMRAN ARIF RANJHA and others Versus PUNJAB PUBLIC SERVICE COMMISSION and others
Court: Lahore High CourtP L D 2005 Lahore 728
MUBASHIR IQBAL — Petitioner Versus SECRETARY, EXCISE AND TAXATION, GOVERNMENT OF PUNJAB, LAHORE and 5 others — Respondents
Court: High CourtP L D 1952 Privy Council 7
FIRESTONE. TIRE AND RUBBER COMPANY (S. S.) LIMITED‑Appellants Versus SINGAPORE HARBOUR BOARD‑Respondents
Court: High CourtP L D 1963 Azad J & K 90
MIR AHMAD KHAN‑Petitioner Versus SARKAR‑Respondent
Court: High Court2014 P L C (C
Rana MEHTAB, ADVOCATE Versus F.O.P. and others
Court: Lahore High Court2003 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: Karachi2026 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)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)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