| Case ID |
0797f98c-3196-4e5d-9faa-69f278c7e254 |
| Body |
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| Case Number |
W.P. No.1182 of 1983 |
| Decision Date |
Oct 07, 1989 |
| Hearing Date |
|
| Decision |
The petitioner, Hakim Textile Mills, challenged the legality of the levy of surcharge and Iqra surcharge under the Customs Act, 1969. The Lahore High Court examined the legality of the surcharge in detail and upheld the previous ruling in Lahore Textile and General Mills Ltd. v. The Collector of Customs, affirming that such duties were legal and applicable from the date specified in the notification. As a result, the petition was dismissed with costs, and the counsel's fee was fixed at Rs.2,000, with a three-week stay on the encashment of the bank guarantee provided for the release of goods. |
| Summary |
In the case of Hakim Textile Mills vs. Pakistan, the Lahore High Court dealt with the issue of surcharge and Iqra surcharge imposed under the Customs Act, 1969. The case revolves around the legality of these surcharges and the rights of the petitioners to challenge such impositions. The court's decision emphasized the authority of customs authorities to levy additional charges as specified in notifications and confirmed the legality of the surcharges. The ruling referenced previous case law, particularly the judgment in Lahore Textile and General Mills Ltd. v. The Collector of Customs, which set a precedent for similar cases. The court dismissed the petition and highlighted the importance of adhering to legal procedures in customs matters, ensuring that such duties are enforced appropriately. This case serves as a significant reference for issues related to customs law and the rights of petitioners in challenging governmental levies. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
KHALILUR REHMAN KHAN, J
|
| Lawyers |
Iftikhar Ali Sheikh,
Qureshi Muhammad Hafiz
|
| Petitioners |
HAKIM TEXTILE MILLS
|
| Respondents |
PAKISTAN
|
| Citations |
1993 SLD 411 = 1993 MLD 182
|
| Other Citations |
Lahore Textile and General Mills Ltd. v. The Collector of Customs and others PLD 1988 Lah. 563
|
| Laws Involved |
Customs Act, 1969
|
| Sections |
18
|