Legal Case Summary

Case Details
Case ID 10591369-2b1f-43ca-9e14-52bbd6495e6e
Body View case body.
Case Number Civil Appeal No. 663 of 2013
Decision Date Jan 11, 2019
Hearing Date May 15, 2018
Decision The Supreme Court of Pakistan allowed the appeal, concluding that the Customs Reference was improperly dismissed by the High Court due to a minor technical issue regarding authorization. The court found that the Collector of Customs had indeed approved the filing and directed that the case be heard on its merits. The ruling emphasized that subsection (10) of section 196 of the Customs Act addresses such procedural objections, allowing the case to proceed without hindrance.
Summary In the case of Civil Appeal No. 663 of 2013, the Supreme Court of Pakistan addressed a significant issue regarding the filing of a Customs Reference under the Customs Act, 1969. The core question revolved around whether the Reference filed by the Customs department had the necessary authorization from the Collector of Customs, as mandated by section 196(1) of the Act. The High Court had previously dismissed the Reference due to the alleged lack of written authorization, which was deemed a technical oversight. Upon review, the Supreme Court found that the Collector had signed the relevant documents, thereby satisfying the legal requirements. This case highlights the importance of procedural compliance in legal filings, while also illustrating the court's willingness to rectify minor technicalities to ensure justice is served. The court allowed the appeal and directed that the matter be heard on its merits, reinforcing the principle that technical objections should not impede the pursuit of justice. This ruling is crucial for practitioners dealing with customs law and emphasizes the need for meticulous adherence to procedural norms while also recognizing the court's discretion in addressing such issues. Keywords: Customs Act, legal compliance, procedural justice, Supreme Court of Pakistan.
Court Supreme Court of Pakistan
Entities Involved COLLECTOR OF CUSTOMS, LAHORE
Judges UMAR ATA BANDIAL, MUNIB AKHTAR, YAHYA AFRIDI
Lawyers Muhammad Khalid Chaudhry
Petitioners UMAR KHAN
Respondents
Citations 2019 SLD 1090, 2019 SCMR 619
Other Citations Not available
Laws Involved Customs Act, 1969
Sections 196(1), 196, 196(10)