Category

2023 MLD 1354 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 278Letter of AdministrationDistant kinderCategoryPetitioner sought issuance of Letter of Administration in favour of legal heirs of deceased owners of suit propertiesValidity

Children of pre-deceased sister and brother fell under the category of distant kinder and were only to inherit share when there was no sharer and residuary

When brothers and sisters of an unmarried and issueless deceased had also died, being sharer and residuary, respectively, distant kinder could inherit

Wife of petitioner was daughter of predeceased brother of deceased owner of estate

After the death of wife of petitioner, her legal heirs would also get their proportionate inheritance in the estate along with other shareholders

Petition was allowed accordingly.

2023 CLC 499 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss.11 & 43

Complaint Resolution Procedure (Natural Gas, Liquefied Petroleum Gas [LPG], Compressed Natural Gas [CNG] and Refined Oil Products) Regulations, 2003

Specific Relief Act (I of 1877), Ss. 42 & 54

Civil Procedure Code (V of 1908), O. XXXIX, Rr.1 & 2

Suit for declaration and injunction

Interim injunction, refusal of

Gas connection

Category

Civil Court, jurisdiction of

Plaintiff companies were licensed as Export Oriented Units who claimed enhanced supply of natural gas for consumption of their units

Validity

Oil and Gas Regulatory Authority, under Oil and Gas Regulatory Authority Ordinance, 2002, had ample powers to determine any nature of dispute between a licensee and the Customer / Consumer (present Plaintiffs) hence suits are not maintainable

Provision of S.43 of Oil and Gas Regulatory Authority Ordinance, 2002 had an overriding effect

Jurisdiction of Civil Court plenary in nature was not specifically ousted, yet exclusive jurisdiction vested in concerned Authority and provisions of Oil and Gas Regulatory Authority Ordinance, 2002, had barred jurisdiction of a Civil Court

Even an injunctive relief could be granted by the Authority under Complaint Resolution Procedure (Natural Gas, Liquefied Petroleum Gas [LPG], Compressed Natural Gas [CNG] and Refined Oil Products) Regulations, 2003

High Court declined injunctive relief as gas connections were restored and Industrial Units of plaintiffs were running

High Court directed the Authority to formulate and implement a Policy, which should not result in closure of businesses of consumers, including present plaintiffs, as the same would be violative of Arts.18 & 24 of the Constitution, relating to trade, business and proprietary rights

Plaintiffs were at liberty to invoke jurisdiction of Oil and Gas Regulatory Authority, in accordance with Oil and Gas Regulatory Authority Ordinance, 2002, and other Regulations

Application was dismissed accordingly.