29/2020 Judicial Companies Misc. Amir Bux Channa & Another through Attorney (Applicant) V/S Isra Islamic Foundation (Guarantee) Limited. (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 09-DEC-22
1. A post to which a person is nominated is not a tenured post. His nomination can be withdrawn at any time by the nominating authority, although it has to be seen whether nominating authority is constituted legally. 2. This principle of reading down is applied when a provision is capable of more than one interpretation and one or more of those interpretations would render the other provisions either redundant or illusory or in conflict with main frame of the Statute. In such cases, Courts will read down the provision in a manner that saves the provision . 3.since the induction of the council members has been successfully disputed by petitioners; hence I am of the view that the audit of the foundation is also inevitable. 4. Claim of rent by foundation is neither illegal nor illogical, however one may argue on the quantum and an arbitrary way of fixing the rent. This should have been done without any influence and coercion from either side.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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