| Case ID |
10591369-2b1f-43ca-9e14-52bbd6495e6e |
| Body |
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| 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)
|