Approbate and Reprobate

  1. —eligibility for two categories—opted for one category— cannot be allowed to turn round—and seek allotment for relinquished category—It is celebrated principle of law that no one can be allowed to blow hot and cold in one breath. Muhammad Saleem Khan vs Allotment Committee & others 2018 SCR 231 (E)
  2. —plaintiff remained involved in illegal banking business of the Co-operative Society—suit for recovery by him not maintainable– -under law no one can be allowed to approbate and reprobate—The plaintiff at one hand was fully involved in the illegal business, as has been discussed hereinabove, but on the other hand he filed suit against the appellants and others on the ground that they caused huge loss to him and others through the illegal banking business. In may also be observed here that under law no one can be allowed to approbate and reprobate in the same breath. Ch. Ghazanfar & others vs Muhammad Maqsood Butt & others 2018 SCR 1063 (C)
  3.  —O.XLIII, R.3 C.P.C—decision of the case—by acceptance of an offer in the open Court—validity of—Held: that acceptance of the offer of the appellant in the open Court by the learned Advocate is a compromise within the meaning of Order XLIII, Rule 3, CPC, and decree is liable to be passed on such compromise. Muhammad Sakal v. Mushtaq Hussain  2020 SCR 401 (A)
  4.  —decision of the case—on the ground—by acceptance of an offer in the open Court—validity of—an offer made before this Court at bar which is accepted by the learned Advocate has become a compromise and respondent cannot be allowed to resile from such type of undertaking made in the open Court. Muhammad Sakal v. Mushtaq Hussain  2020 SCR 401 (B) PLJ 1984 SC (AJK) 54, PLJ 2007 SC (AJK) 112 and 2002 YLR 919 rel
  5. — contradictory prayers — contradictory prayers cannot be reconciled — prayer clause of writ challenges the appointment order selection process whereas prayer clause of appeal before Supreme Court accepts the selection process — this approach is not acceptable as the appellant cannot be allowed to blow hot & cold at the same time which amounts to coming to the Court with unclean hands — appeal is liable to be dismissed on contradictory claims which cannot be reconciled. Syeda Iffat Bukhari versus Education Department & others 2023 SCR 1127 (A)
  6. — doctrine of — AKLASC employees — lump sum payment package — writ — restoration of pension — appellants accepted package and received the pension amount and at the same time claiming clause (iv) of package as discriminatory — the maxim qui approbate non reprobate is firmly embodied in English common law — it is akin to the doctrine of benefits & burdens — a person taking advantage under an instrument which both grants a benefit and imposes a burden, cannot take the former without complying with the latter — a person cannot approbate and reprobate or accept and reject the same instrument — AKLASC & others vs Misdaq Hussain Kayani & others  2024 SCR 23 (G&H) 2010(10) SCC 165 ref.
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