| Case ID |
43d087b1-b21b-4502-a148-295d4ff594b2 |
| Body |
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| Case Number |
Civil Appeals Nos.88 to 91 of 1982 |
| Decision Date |
Jan 09, 1991 |
| Hearing Date |
Nov 20, 1990 |
| Decision |
The Supreme Court of Pakistan dismissed the appeals filed by the Government of Pakistan, affirming the High Court's decision which directed the issuance and renewal of import licenses for the machinery covered under the No-Objection Certificates issued to the respondents. The Court held that the respondents had a vested right to obtain the import licenses based on the representations made by the Government, and that their reliance on these representations was justified. It further clarified that the doctrine of promissory estoppel applies to executive actions, thereby preventing the Government from denying the licenses after the respondents had acted on the assurances given to them. The Court emphasized the importance of upholding commitments made by the State to its citizens, especially in matters of economic investment and trade, and recognized the detrimental impact of administrative inaction on the respondents' business operations. |
| Summary |
This case revolves around the interpretation of the Imports and Exports (Control) Act, 1950 and the Constitution of Pakistan, particularly regarding the rights of individuals to obtain import licenses following the issuance of No-Objection Certificates by the Government. The Supreme Court ruled in favor of the respondents, emphasizing the importance of the doctrine of promissory estoppel in protecting the rights of citizens against administrative inaction. The decision underscored the necessity for the Government to honor its commitments to individuals who have acted in reliance on official representations. This ruling is significant as it reinforces the principle that executive actions must be accountable and transparent, thereby fostering trust in governmental processes. The implications of this judgment are far-reaching for business and trade practices in Pakistan, ensuring that individuals are not unduly penalized for relying on government assurances. As the legal landscape continues to evolve, this case serves as a landmark decision in upholding the rule of law and protecting the economic interests of citizens. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFRUR RAHMAN,
S. USMAN ALI SHAH,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
Ch. Ijaz Ahmed, Dy. Attorney General for Pakistan,
Ch. Akhtar Ali, Advocate-on-Record for Appellants,
Raja Haq Nawaz, Advocate Supreme Court,
Ch. Ghulam Dastgir, Advocate-on-Record for Respondents
|
| Petitioners |
2 others,
PAKISTAN through Secretary, Ministry of Commerce
|
| Respondents |
3 others,
SALAHUDDIN
|
| Citations |
1991 SLD 205,
1991 PLD 546
|
| Other Citations |
AIR 1970 Punj. and Har. 462,
AIR 1980 SC 1285,
AIR 1986 SC 806,
1986 SCMR 916
|
| Laws Involved |
Imports and Exports (Control) Act, 1950,
Constitution of Pakistan, 1973
|
| Sections |
3,
185(3)
|