| Case ID |
174c158c-6d7f-41c5-980e-2348a19a96bc |
| Body |
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| Case Number |
Civil Petitions Nos. 231 /R to 241 /R of 1989, 105 |
| Decision Date |
May 12, 1990 |
| Hearing Date |
|
| Decision |
The court granted leave to appeal to consider the competence of the constitutional petition without exhausting the statutory remedies under the Customs Act, the legal implications of three notifications issued on December 30, 1987, and the applicability of Section 31-A as inserted by the Finance Ordinance, 1988. The court also examined whether the High Court's reliance on prior Supreme Court judgments was justified and if due process was followed in the disposal of the writ petition. After hearing both sides, the court deemed it appropriate to grant leave to appeal, instructing the parties to prepare necessary documentation for further proceedings. |
| Summary |
The Lahore High Court case involving the Federation of Pakistan and Punjab Steel Limited revolves around the interpretation of the Customs Act, 1969, particularly Section 31 and the newly inserted Section 31-A. The court's main focus was on the procedural correctness of the High Court in accepting writ petitions without the petitioners having availed themselves of statutory remedies. The case also scrutinized the legal weight of three notifications issued by the competent authority in 1987 and the implications of previous Supreme Court judgments on the matter. This case highlights the critical balance between administrative authority and judicial review in customs matters, emphasizing the necessity for due process in legal proceedings. The decision to grant leave to appeal underscores the importance of adhering to established legal protocols and the potential impact of legislative changes on ongoing legal interpretations. |
| Court |
Lahore High Court
|
| Entities Involved |
FEDERATION OF PAKISTAN,
PUNJAB STEEL LIMITED
|
| Judges |
MUHAMMAD AFZAL ZILLAH, C.J.,
ABDUL QADEER CHAUDHRY, J
|
| Lawyers |
Ch. Fazal-i-Hussain, Advocate-on-Record for Petitioners,
Ayaz Hassan, Advocate Supreme Court for Respondents
|
| Petitioners |
FEDERATION OF PAKISTAN
|
| Respondents |
PUNJAB STEEL LIMITED
|
| Citations |
1991 SLD 678,
1991 SCMR 393
|
| Other Citations |
1986 SCMR 1917
|
| Laws Involved |
Customs Act, 1969
|
| Sections |
31,
31-A
|