| Case ID |
268054be-d32b-415d-ada2-28f0604ea4de |
| Body |
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| Case Number |
Writ Petition No. 5765 of 1995 |
| Decision Date |
Oct 29, 1998 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that interim orders related to public revenue must cease after a period of six months as stipulated by Article 199(4A) of the Constitution of Pakistan. The court emphasized that it has no authority to extend the duration of these interim orders beyond the six-month limit. The judgment clarifies that the independence of the judiciary is maintained as the court still retains the power to finally decide cases on their merits, despite the limitations imposed on the duration of interim orders. The court also reiterated that the right to access justice does not extend to indefinite temporary injunctions. |
| Summary |
The Lahore High Court addressed significant constitutional questions regarding the limitation on interim orders related to public revenue. This case examines the implications of Article 199(4A) of the Constitution of Pakistan, which mandates that interim orders cease after six months unless the case is resolved. The court's ruling reinforces judicial authority while establishing clear timelines for interim relief, ensuring that public revenue recovery processes are not indefinitely delayed. This decision is crucial for maintaining the balance between judicial independence and the efficient collection of public revenue, making it a landmark case in constitutional law. Keywords: interim orders, public revenue, judicial independence, constitutional law, Lahore High Court, Article 199. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Malik Muhammad Qayyum,
Ghulam Mahmood Qureshi
|
| Lawyers |
Imtiaz R. Siddiqui,
Syed Mansoor Ali Shah,
Salman Akram Raja,
Shahzad Jahangir,
Ali Zafar,
Umer Ata Bandial,
Zaeem ul Farooq,
Zia Ullah,
Kiyani,
Ali Sibtain,
Fazil Imran Aziz Khan,
Irfan Qadir,
Nawab Saeedullah Khan,
Muzamil Akhtar
|
| Petitioners |
Ihsanullah
|
| Respondents |
Collector of Customs, Lahore
|
| Citations |
1979 SLD 353,
(1999) 79 TAX 7
|
| Other Citations |
Muitiline Associates v. Ardeshir and 2 others (PLD 1995 SC 423),
Punjab Cables v. Government of Pakistan (PLD 1989 Lahore 121),
Federation of Pakistan v. United Sugar MILLS (PLD 1977 SC 397),
Dewan Textile MILLS v. Pakistan (PLD 1976 Kar 1368),
Siddiq Trust v. Income tax Officer (1987 CLC 2366),
Noori Trading v. Federation of Pakistan (PLD 1997 Kar 663),
Allah Wassaya etc. v. Federal Land Commission etc. (PLD 1979 SC 44),
Hassan Mahmood and others v. Federal Land Commission (1985 CLC 2665),
Bibi Zuhra v. Member Federal Land Commission etc. (1988 CLC 129),
Chaudhry Textile MILLS LTD. Lahore v. Central Board of Revenue etc. (PLD 1976 Lahore 1392),
State Wakf Board Madras M Abdul Azeez Sahib & others (AIR 1968 Madras 79),
State v. Zir ur Rehman (PLD 1973 SC 49),
Mahmood Khan Achakzai v. Federation of Pakistan and others (PLD 1997 SC 426)
|
| Laws Involved |
Income Tax Ordinance, 2001,
Constitution of Pakistan, 1973
|
| Sections |
199(4A),
199(4B)
|