Accounts, Suit for

2005 YLR 2145 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Illegal and mala fide arrestAppreciation of evidencePlaintiff averred that he was arrested illegally with mala fide intention and he had suffered humiliationTrial Court decreed the suit for damagesAppellate Court reduced the amount of damages from Rs. 100 thousands to Rs.50 thousandsValidity

Defendant had pleaded that plaintiff was defaulter of property tax and warrants of his arrest were issued according to law and he was arrested in performance of public duty

Plaintiff had filed suit for declaration and injunction challenging the assessment and notice was issued in that case

Plaintiff had accompanied Process Server to effect service

Defendant took the summons and copy of the plaint and was annoyed and lost temper directed the Process Server to go to office and get, the service completed

Plaintiff was arrested in the office of defendant and on his orders warrants of arrest were prepared

Defendant had released the plaintiff on payment of tax amount

Provisions of West Pakistan 'Land Revenue Act, 1997, and also Immovable Property Tax Act were not complied with

Warrant did not contain any date

Findings recorded by Courts below were correct and in accord with evidence on record

Appeal was dismissed in circumstances.

1977 PLD 829 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Suit for-Principal and agent-Suit for accounts by an agent does not lie against his principal-Such suit, however, maintainable only if amount of commission due to agent not ascertainable.-[Principal and agent].

1976 PLD 623 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Agent, unlike his principal, has no statutory right to sue for accounts and must sue for a sum certain upon a balance due to him on account ? Agent however permitted in exceptional cases to sue principal for accounts, a g., where accounts maintained by principal rendering it impossible to bring suit for recovery of a sum certain?Plaintiffs themselves maintaining accounts of milling of wheat and all materials evidence with regard to alleged defective quality and quantity in their possession ? Plaintiffs even claiming specific amounts on account of quality allowance?No special circumstances, held, made out justifying making an exception to rule against non?maintainability of agent's suit for accounts against principal.

1975 PLD 598 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Decree for accounts-Could not be passed against party not shown to be an accounting party-Plaintiff has to prove relationship obliging defendant to give accounts.