| Case ID |
0f732746-2bd4-41af-aa1b-140660590b5a |
| Body |
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| Case Number |
Writ Petition No. 1260 of 2008 |
| Decision Date |
Dec 01, 2008 |
| Hearing Date |
|
| Decision |
In this constitutional petition, the petitioner contested the demand for full storage charges despite having a delay and detention certificate issued under the Customs Act, 1969. The petitioner argued that the charges should be minimized as per the law. After reviewing the case and previous judgments, the High Court ruled in favor of the petitioner, allowing the petition and directing the authorities to charge demurrage/storage charges at the minimum tariff rate. The respondents failed to appear despite notice, leading to a decision made ex parte. No costs were ordered. |
| Summary |
This case revolves around a constitutional petition filed by Messrs Majid & Co. against the District Manager of PIA and others regarding the imposition of demurrage/storage charges. The petitioner was issued a delay and detention certificate under the Customs Act, 1969, which should have led to reduced charges. The Lahore High Court, presided over by Justice Nasim Sikandar, ruled that the authorities were obligated to charge at the minimum rate due to the certificate's issuance. This case highlights the importance of adhering to statutory provisions in customs regulations and ensures that businesses are not unfairly burdened by excessive charges. The ruling underscores the judiciary's role in protecting the rights of petitioners against administrative decisions that contradict established laws. The decision serves as a precedent for similar cases involving customs delays and the associated charges, reinforcing the legal framework that governs such disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Nasim Sikandar
|
| Lawyers |
Mian Abdul Ghaffar,
Ms. Kausar Parveen
|
| Petitioners |
Messrs Majid & Co. Through Proprietor
|
| Respondents |
4 others,
District Manager, PIA
|
| Citations |
2009 SLD 688,
2009 PTCL 475,
2009 PTD 328
|
| Other Citations |
Aftab Ahmed Saeed v. Federation of Pakistan and others 1993 CLC 2022,
Messrs Adam Holding Ltd. v. A.C. Customs 1994 CLC 1198
|
| Laws Involved |
Customs Act, 1969
|
| Sections |
203
|