| Case ID |
4369608a-a42c-4583-9c56-547b84666b7e |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 16859 of 1997 |
| Decision Date |
Aug 12, 1997 |
| Hearing Date |
Aug 12, 1997 |
| Decision |
The Lahore High Court dismissed the petitioner's writ petition challenging the recovery of an amount of Rs.3,29,14,600 by the Zila Council. The court held that the petitioner had invoked the arbitration clause in their agreement and could not contest the award made against them post-announcement. The court emphasized that the award was binding and the petitioner had alternative remedies available, thus rendering the constitutional petition incompetent. The ruling reinforced the principle that the decision of the Commissioner was final and the recovery of dues could be pursued as arrears of land revenue under relevant laws. |
| Summary |
In the case of Haji MUHAMMAD YOUSAF vs THE PROVINCE OF THE PUNJAB, the Lahore High Court addressed the complexities surrounding the enforcement of an arbitration award related to the collection of Goods Exit Tax. The petitioner, who had been awarded a contract by the Zila Council, contested the validity of recovery proceedings initiated against him for a substantial amount. The court determined that the petitioner, having voluntarily invoked arbitration, was bound by the resultant award and could not seek to dismiss the recovery efforts. The ruling highlighted the interplay between local government taxation rules and the arbitration framework, emphasizing the necessity for harmonious interpretation of related laws. The court also noted the presence of alternate legal remedies available to the petitioner, which further complicated the petitioner's standing in this constitutional challenge. This case serves as a pivotal reference for future disputes involving local councils and contractual obligations, reinforcing the binding nature of arbitration awards and the mechanisms for tax recovery under local governance laws. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
FAQIR MUHAMMAD KHOKHAR, J
|
| Lawyers |
Mohy-ud-Din Qazi for Petitioner,
Moeen Qamar and Muhammad Nawaz Bhatti, A.A.G. for Respondents
|
| Petitioners |
Haji MUHAMMAD YOUSAF
|
| Respondents |
THE PROVINCE OF THE PUNJAB through Secretary Local Government and Rural Development Department Civil Secretariat, Lahore and 3 others
|
| Citations |
1997 SLD 490,
1997 PLD 674
|
| Other Citations |
Haji Syed Habibullah and another v. The Municipal Committee, Quetta through the Administrator, Municipal Committee, Quetta and another PLD 1977 Quetta 71,
Municipal Committee, Daska v. M/s. Farhat Nadeem & Company Ex-Contractor, Municipal Committee, Daska and 5 others 1994 SCMR 1235,
Shaukat Ali v. Province of Punjab and 6 others 1997 CLC 529,
Satis Kumar and others v. Surinder Kumar and others AIR 1970 SC 833,
Bhajahar Saha Bankiki v. Beharilal Basak ILR 1933 Cal. 881,
M.S. Ramaish v. State of Mysore AIR 1973 Mys. 17
|
| Laws Involved |
Arbitration Act (X of 1940),
Punjab Local Councils (Taxation) Rules, 1980,
Punjab Local Councils (Lease) Rules, 1990,
Punjab Zila Councils (Goods Exit) Tax Rules, 1990,
West Pakistan Land Revenue Act (XVII of 1967),
Punjab Local Government Ordinance (VI of 1979),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
2(a),
17,
First Schedule, para. 7,
13,
8,
9,
10,
81,
82,
141,
144,
9,
199
|