Ibrahim & Ibrahim - Barristers and Legal Consultants

Lahore High Court in its recent reported judgment in W. P. No. 23988 / 2022, while examining the PPRA Act and Rules has held as under.;

(i) PEC under the PEC Act cannot mandatorily require a public
procuring agency to follow its SBDs;

(ii) The general policy advice of ECNEC reflected in the
Notification dated 12.02.2008 of the Planning Commission,
Government of Pakistan requiring all procuring agencies of
the Federal, Provincial and Local Governments throughout
Pakistan to adopt and use SBDs prepared by PEC does not
prevail over express statutory provisions;

(iii) At the Federal level, the Authority constituted under the PPRA
Ordinance, 2002 read with PPRA Rules, 2004 and the
Regulations, 2008 is legally empowered to devise SBDs but it
22 W. P. No. 23988 / 2022
has adopted the SBDs prepared by PEC and as such, all
procuring agencies falling under the Federal Government are
obliged to use the SBDs of PEC in their respective
procurement process. However, SBDs of PEC allow a
procuring agency to exclude insurance bond / guarantee from
an insurance company having AA rating from PACRA / JCR
as a form of security with respect to performance or additional
performance / quality assurance security by prescribing as
such in its SBDs;

(iv) In the Province of Punjab, the Authority set up under the
PPRA Act, 2009 read with the Rules, 2014 is legally
empowered to devise SBDs which have been duly made and
notified, as such, all procuring agencies including Local
Governments in the Province of Punjab are obliged to use
SBDs prepared by the Authority under the PPRA Act, 2009.
Hence, the conscious act of exclusion of insurance bond /
guarantee from an insurance company as a form of security
with respect to performance or additional performance /
quality assurance security is valid and the bidders are obliged
to take part in the procurement process in accordance with the
terms and conditions of the SBDs; and

(v) The act of exclusion of insurance bond / guarantee as a form
of security with respect to performance or additional
performance / quality assurance security by a procuring
agency falling under the Federal or Provincial Government of
Punjab is not in conflict with the decision of ECNEC reflected
in the Notification dated 12.02.2008 of the Planning
Commission, Government of Pakistan.
https://sys.lhc.gov.pk/appjudgments/2024LHC329.pdf

Our partner Brr. Pirzada Aurang Zaib successfully represented National Highway Authority in the Petition.

sys.lhc.gov.pk

Team Ibrahim & Ibrahim - Barristers and Legal Consultants at the Lahore High Court

Order of Mr. Waris Ali ADJ,Rawalpindi, directing for removal of Secratray Defence.

https://www.dawn.com/news/1790576

Judge made OSD a day after ordering defence secy’s removal Notification issued by LHC registrar says ADSJ Waris Ali has been made an officer on special duty and moved to Lahore.

We at IBRAHIM & IBRAHIM have an opening for the position of a junior legal associate, against fix remmenuration, at our Lahore office in Gulberg. Candidate must hold B.A-LL.B and should have good written & verbal communication skills. Interested applicants may forward their Cvs by email to [email protected] before 01 September, 2021. Interview of the short listed candidates shall be conducted in the first week of September.

Excellent Read.

https://dailytimes.com.pk/757957/ijtehaad-in-islam/

Ijtehaad in Islam - Daily Times   Both change and stability are essential for life. Change is good only when it is beneficial to humanity and only those nations, which are equipped with knowledge and possess the desire to serve humankind, survive. As human beings, we must consider whether we are keeping up with the change of time...

Devestated to hear of the passing of Dr Basit sahab Asc. He was immensely kind to us and taught us a lot. Dr sb will be deeply missed.