| Case ID |
1afd2588-154b-49e0-a64b-c6057acc7fb1 |
| Body |
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| Case Number |
Writ Petition No. 3414 of 1992 |
| Decision Date |
May 16, 1992 |
| Hearing Date |
May 02, 1992 |
| Decision |
The Lahore High Court dismissed the writ petition on the grounds that the petition was not maintainable. The action impugned in the petition was taken by the Collector of Customs, Karachi, whose jurisdiction is confined to Karachi. The High Court held that it cannot issue any directions to a person performing functions outside its territorial jurisdiction. The petitioner was challenging an additional customs duty imposed by the Collector of Customs, which was deemed outside the jurisdiction of the Lahore High Court. |
| Summary |
In this case, the petitioner, M/s Nadia Ghee Miller, challenged the imposition of additional customs duty by the Collector of Customs, Karachi. The Lahore High Court ruled that the petition was not maintainable as the action was taken by an authority outside its jurisdiction. The case highlighted the limitations of the High Court's jurisdiction under Article 199 of the Constitution of Pakistan, 1973. The court emphasized that it can only issue directions to authorities performing functions within its territorial limits, which was not applicable in this case since the Collector of Customs operated in Karachi. This ruling is significant for understanding the boundaries of judicial review in administrative matters, particularly in customs and taxation cases. Legal practitioners should take note of the jurisdictional constraints outlined in this decision, as similar cases may arise in the future. The decision reinforces the principle that the High Court cannot intervene in matters that fall outside its geographical jurisdiction, thereby underscoring the importance of proper venue in legal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MALIK MUHAMMAD QAYYUM, J
|
| Lawyers |
Syed Kazim Hussain Raza,
Mr. S.A. Mannan,
M/s Zahid Hussain,
Ashtar Ausaf Ali
|
| Petitioners |
M/s NADIA GHEE MILLER
|
| Respondents |
FEDERATION OF PAKISTAN ETC.
|
| Citations |
1992 SLD 2140,
1992 PLJ 399
|
| Other Citations |
PLD 1968 SC 387,
PLJ 1985 SC 346,
PLJ 1991 Lahore 219 (DB),
AIR 1953 SC 210,
AIR 1956 SC 246,
AIR 1961 SC 532,
AIR 1962 SC 670
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199(a)(ii)
|