| Case ID |
1b6563f4-2b65-44ff-b94e-8e61e7f9b1d1 |
| Body |
View case body. Login to View |
| Case Number |
Intra-Court Appeal No. 300 of 1999 |
| Decision Date |
Sep 16, 1999 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the letter dated 17-9-1992 issued by the Government of Punjab allowing the use of vegetable fat in ice-cream was in violation of para. 19 of Appendix-II of the West Pakistan Pure Food Rules, 1965. The court declared the letter ultra vires and instructed that products not prepared in accordance with the rules should not be allowed to be manufactured or sold. The court emphasized the importance of adhering to the specified food standards to ensure public health and safety. |
| Summary |
The case revolves around the legality of a government circular that permitted the use of vegetable fat in the preparation of ice-cream, which was challenged by a competitor on the grounds that it violated existing food safety regulations. The Lahore High Court found that the circular was inconsistent with the established rules governing food production, specifically the West Pakistan Pure Food Ordinance and its accompanying regulations. The ruling reinforced the necessity for compliance with food safety standards to protect consumer health. This case is significant as it highlights the judicial system's role in upholding regulatory standards in the food industry, ensuring that all products marketed as ice-cream meet the legal requirements set forth in the applicable laws. The decision also underscores the legal principles of promissory estoppel and the limitations of governmental discretion in regulatory practices. |
| Court |
Lahore High Court
|
| Entities Involved |
Lever Brothers Pakistan Ltd.,
Pakistan Industrial Promoters (Pvt.) Ltd.
|
| Judges |
MIAN ALLAH NAWAZ,
NASIM SIKANDAR
|
| Lawyers |
Hamid Khan,
Zahid Hamid
|
| Petitioners |
Not available
|
| Respondents |
GOVERNMENT OF PUNJAB through Secretary, Health Department,
Yummy Milk Products (Pvt.) Ltd.
|
| Citations |
2000 SLD 628 = 2000 PLD 1
|
| Other Citations |
Bashir Ahmad Khan v. Muhammad Ali Khan Chaudhry and others PLD 1960 SC 195,
The United Netherlands Navigation Co. Ltd. v. The Commissioner of Income-tax South Zone (W.P.), Karachi PLD 1965 SC 412,
Government of West Pakistan v. Nasir M. Khan and others PLD 1965 SC 106,
Nazir Ahmad v. Pakistan and others PLD 1970 SC 451,
Mukhtar Ahmad v. Government of West Pakistan PLD 1971 SC 846,
Crown Bus Service v. Central Board of Revenue PLD 1976 Lah. 1487,
Fazal Elahi Ijaz v. Government of the Punjab PLD 1977 Lah. 549,
Pakistan v. Salahuddin and 3 others PLD 1991 SC 546,
Messrs Army Welfare Sugar Mills Ltd. and others v. Federation of Pakistan and others 1992 SCMR 1652,
Gadoon Textile Mills v. WAPDA 1997 SCMR 641
|
| Laws Involved |
West Pakistan Pure Food Ordinance (VII of 1960),
General Clauses Act, 1897,
Qanun-e-Shahadat (10 of 1984),
West Pakistan Pure Food Rules, 1965
|
| Sections |
Preamble,
6,
37,
21,
114,
para.19
|