TELECARD LIMITED through Authorized representative vs PAKISTAN
This appeal was filed under the Pakistan Telecommunication (Re-Organization) Act, 1996, by a limited company challenging a decision of the High Court. The primary legal question concerned the locus standi and the validity of the appeal's institution, specifically whether the individual who signed the memorandum of appeal possessed the requisite legal authority to represent the juristic person. The High Court had dismissed the appeal on the grounds that it was not filed by an authorized person. Upon review, the Supreme Court affirmed that a company, being a juristic person, cannot initiate litigation without express authority derived from its articles of association or a specific board resolution. The Court noted that the appellant failed to produce any documentation, such as a board resolution, to establish that the Chief Executive Officer was authorized to sign the memo of appeal. Consequently, the Supreme Court held that the appeal lacked merit due to the absence of proper authorization, reinforcing the principle that corporate litigation must be backed by documented institutional consent.
- Pakistan Telecommunication (Re-Organization) Act, 1996
ORDER
' MIAN SAQIB NISAR, J.---The appeal filed by the appellant under the provisions of the Pakistan Telecommunication (Re-Organization) Act, 1996 has been dismissed by the learned High Court on the ground that the same has not been filed by an authorized person; admittedly the appellant is a limited company and the appeal has not been filed by someone having due authority under the articles of association of the company authorization by the board resolution. It is a settled law that a Its cannot be initiated on behalf of the company which is a juristic person, without having due authority either in terms of the articles of association or by the board resolution. This is conspicuously missing in the present case. The appellant has not even appended herewith any document to establish that the CEO of the company, who allegedly signed the memo of appeal, had the authority.
2. In light of the above, we do not find any merit in this appeal calling for interference by this Court in the instant jurisdiction. Dismissed accordingly.
Cited by 31 cases
- HABIB BANK LIMITED Versus GHAZI STEEL INDUSTRIES (PRIVATE) LIMITED 2026 CLD 102
- Niagara Mills (Pvt) Limited and others vs Punjab Cooperative Board for Liquidation (PCBL) and others 2024 LHC 3953, 2025 PLD Lahore 79, 2025 PLJ Lahore 371
- NIAGARA MILLS (PVT.) LIMITED Versus PUNJAB COOPERATIVE BOARD FOR LIQUIDATION (PCBL) 2025 PLD 79
- Pakistan Railway through CEO/Sr. General Manager Pakistan Railways 2020 PLC 184
- Pakistan Railways through CEO vs Member, NIRC, etc 2020 IHC 52
- Rahat and Company thr. Syed Naveed Hussain Shah (formerly partner) 2020 CLD 872, 2020 PLD Supreme Court 366, 2020 SCP 92
- SONERI BANK LIMITED through Attorneys vs GREY PRINTERS PVT. LIMITED 2018 CLD 1183
- AL-NOOR SUGAR MILLS LIMITED Versus FEDERATION OF PAKISTAN 2018 SCMR 1792
- AL-NOOR SUGAR MILLS LIMITED Versus FEDERATION OF PAKISTAN 2018 PTD 2082
- PHONIX SECURITY SERVICE (PVT.) LTD vs MUHAMMAD ABDULLAH and others 2018 PLC 37
- TRADING CORPORATION OF PAKISTAN (PVT.) LTD vs S. S. J BROTHERS 2018 MLD 878
- Messrs DEWAN AUTOMOTIVE ENGINEERING LIMITED FORMERLY DELTA 2017 CLD 342
- Muhammad Asif Shaheen vs Province of Punjab etc. 2016 LHC 2904
- MUHAMMAD ASIF SHAHEEN Versus PROVINCE OF PUNJAB 2017 MLD 407
- STANDARD CHARTERED BANK (PAKISTAN) LTD. through Authorized Attorney 2016 CLD 2066
- M/S Al-Hadid Mechanical Engineers & 4 others vs M/S Habib Bank Limited 2016 LHC 597
- Messrs SIEMENS AKTIENGESELLSCHAFT ("SIEMENS AG") 2 through Authorized 2016 PTD 1158
- Mis. Siemens Aktiengese- vs Pakistan, etc. Ilschaft, Germany. Present: 2016 PTD 1158, PTCL 2016 CL. 52
- Taseer Khan vs . Islamabad Electricity Supply Company 2015 LHC 7628
- TASEER KHAN vs ISLAMABAD ELECTRICITY SUPPLY COMPANY (IESCO) through Executive Engineer 2016 C.L.R. 210, 2016 YLR 1679
- GREAT BEAR INTERNATIONAL SERVICES (PVT) LTD vs AUTHORITY 2015 PLJ Islamabad 290, 2015 CLD 1721
- Pak Kuwait Textiles Ltd. vs WAPDA etc. 2015 LHC 3588
- FAWWAD BUTT vs Messrs MARY (PVT) LIMITED and 5 others 2015 CLD 1309
- Great Bear International Services (Pvt) Ltd. vs Pakistan Telecommunication 2015-IHC-71
- GREAT BEAR INTERNATIONAL SERVICES (PVT.) LTD vs PAKISTAN 2015 PLJ Islamabad 290
- Great Bear International Services (Pvt.) Ltd. vs Pakistan 2015 P.C.T.L.R. 796
- PAKISTAN INSTITUTE OF PHARMACY, SAHIWAL through Principal vs GOVERNMENT OF PAKISTAN MINISTRY OF NATIONAL REGULATIONS & SERVICES through Secretary, Islamabad and another 2015 PLJ Lahore 586
- M/s. AL-HADID MECHANICAL ENGINEERS and 4 others vs M/s. HABIB BANK 2016 LHC 597, 2016 PLJ Lahore 778
- Taseer Khan vs Islamabad Electricity Supply Company 2016 C.L.R. 210
- AL-NOOR SUGAR MILLS LIMITED and another vs FEDERATION OF PAKISTAN and others 2018 P.C.T.L.R. 1048, 2019 PLJ SC 307, 2019 P.S.C. 325, PTCL 2019 CL. 337, 2018
- Lahore Development Authority through Director General vs Dr. Javaid Iqbal 2022 PLJ Lahore 297