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777/2022 Suit UNITED BANK LIMITED (Plaintiff) V/S FEDERATION OF PAKISTAN & OTHERS (Defendant)

Sindh High CourtConstitutional Law2022

Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author)

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777/2022 Suit UNITED BANK LIMITED (Plaintiff) V/S FEDERATION OF PAKISTAN & OTHERS (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author) Order Date: 27-MAY-22

Closure of Branch / Premises of Plaintiff is directly linked to commercial activity / trade, which is one of the fundamental rights; which cannot be compromised in the manner as is done by Defendant No.2. No specific statutory provision has been pointed out during arguments to show that Cantonment Board has this specific power to seal the Branch / Premises of the Plaintiff in such a situation. This penal consequence cannot be said to be an implied authority of Defendant No.2, but it has to be expressly mentioned in their parent statute viz. Cantonment Act, 1924.

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