| Case ID |
31cfadd8-d727-4acd-8c8b-8af148a48a6a |
| Body |
View case body. Login to View |
| Case Number |
C. P. No. 238 and 239 of 1974 |
| Decision Date |
Oct 16, 1974 |
| Hearing Date |
|
| Decision |
Both petitions for special leave to appeal are dismissed. The Supreme Court finds that the orders of the Lahore High Court are purely discretionary and do not warrant interference as no right has been adjudicated. The petitioners are advised to request the High Court to expedite the hearing of the pending writ petitions. |
| Summary |
The case involves two petitions for special leave to appeal against the Lahore High Court's orders regarding the validity of certain provisions of the West Pakistan Cotton Control Rules, 1966. The Supreme Court of Pakistan evaluated the discretionary nature of the High Court's orders, which allowed for the stay of recovery of dues prior to a specific notification date but denied the stay for prospective recovery. The Court concluded that the High Court's decisions did not adjudicate any rights and therefore, were not fit for Supreme Court interference. The case highlights the principles of judicial discretion and the scope of appeal in administrative matters within the context of the cotton industry regulations. Relevant keywords include 'Supreme Court of Pakistan', 'discretionary orders', 'Cotton Control Rules', and 'legal appeal'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR REHMAN, C.J.,
MUHAMMAD GUL, J
|
| Lawyers |
Pir Anwar Rehman, Advocate Supreme Court,
SA. Asdul Karim, Advocate-on-Record
|
| Petitioners |
MAQBUL COTTON FACTORY,
EHSAN COTTON & OILS FACTORY
|
| Respondents |
GOVERNMENT OF PUNJAB THROUGH SECRETARY, EXCISE & TAXATION DEPARTMENT, LAHORE,
GOVERNMENT OF PUNJAB THROUGH SECRETARY, EXCISE TAXATION DEPARTMENT, LAHORE
|
| Citations |
1975 SLD 199,
1975 SCMR 189
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185
|