President

2024 CLD 58 SUPREME-COURT-OF-CANADA Judicial Precedent

Group of companiesPresidentImplied contractual obligationsObligation of loyaltyObligation to act in good faithDuty to informRemedy for breachCertain company informed presidents of a group of companies that it was interested in acquiring their groupPresidents did not disclose such information to group's majority shareholdersPresidents purchased shareholders' interests in the group and resold them to the company for a profit

Question as to whether presidents' non-disclosure of interest expressed by the company in acquiring the group constituted a civil fault and if so, then what was the appropriate remedy.

2024 PLC(CS) 1451 ISLAMABAD Judicial Precedent

Ss. 5 & 6Constitution of Pakistan, Art. 48PresidentExercise of powersPersona designataAdvice of Cabinet / Prime MinisterPrincipleShow-cause notice

Petitioner was appointed Chairman of Pakistan Science Foundation by President and assailed show-cause notice issued to him initiating disciplinary proceedings during which he was sent on forced leave

Validity

When President exercises functions conferred upon him by way of statute and not Constitutional functions, he acts as a persona designata and therefore is not bound to take advice from Cabinet or Prime Minister pursuant to Art. 48(1) of the Constitution

Any appointment would be in violation of the legislative intent if it is made by the President on the advice of Prime Minister pursuant to MP Policy under the garb of Art. 48(1) of the Constitution despite the fact that it is the President who is vested with the power of appointment by statute

Concerned authority in disciplinary matters was to exercise adjudicatory and quasi-judicial powers

President was not obligated to act on the advice of Cabinet or Prime Minister under Art. 48(1) of the Constitution in respect of disciplinary proceedings carried out against persons appointed by President under Pakistan Science Foundation Act, 1973

President could not even act on the recommendation of any other person or authority in respect of disciplinary proceedings

Power to remove petitioner / Chairman of respondent / Foundation could not be delegated by the President without the power to delegate conferred upon him by Pakistan Science Foundation Act, 1973

MP Policy was not sustainable under Pakistan Science Foundation Act, 1973 to the extent that it entailed delegation of President's quasi-judicial powers and was also not justifiable under Art. 48(1) of the Constitution

President was not obligated to act on the advice of Cabinet or Prime Minister in exercise of quasi-judicial powers conferred by statute or to even act on recommendation of any other authority or person with regard thereto

MP Policy to the extent that it empowered Secretary to initiate and conduct disciplinary proceedings (which were quasi-judicial in nature) against petitioner were not justified under Art. 48(1) of the Constitution

High Court set aside show-cause notice issued to petitioner as the same was without jurisdiction and void ab initio

Constitutional petition was allowed accordingly.

2014 PLD 216 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art. 41PresidentPresidential Office

Crucial feature of the Presidential Office was that the President's actions taken as Head of State, must not attract criticism that was aimed at the President personally

Under Art.41(1) of the Constitution, President was the head of the State and represented the unity of the Republic and the high office of the President was one which was to be discharged with neutrality, impartiality and prudence in order for that office to remain above any controversy whatsoever.

2002 CLC 1295 KARACHI-HIGH-COURT-SINDH Judicial Precedent

President

Ratio of a judgment should be discerned from the law, facts and circumstances of each case and be applied with all care and caution otherwise there is likelihood of misapplication of ratio of judgment and causing of injustice to the parties.

1992 MLD 2083 SUPREME-COURT-AZAD-KASHMIR Judicial Precedent

PresidentObiter dicta

Obiter dicta of Supreme Court would have a binding effect.

1990 MLD 1572 KARACHI-HIGH-COURT-SINDH Judicial Precedent

PresidentBinding force in criminal casesEssentials

In criminal cases each case has its own peculiar features and attending circumstances and no two cases can be treated alike unless the same are on all fours applicable.

1983 PLD 552 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Direction conveyed by President on executive side has not always force of law.