| Case ID |
441ccba0-512e-499e-a892-9caf9726d24c |
| Body |
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| Case Number |
Civil Appeals Nos.829 and 1078 of 2002 |
| Decision Date |
Sep 21, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the civil appeals filed by the Government of Punjab, Food Department, asserting that the notifications issued under the Punjab Foodstuffs (Control) Act, 1958 were invalid as they were not published in the official Gazette. The court emphasized the importance of adhering to statutory requirements, particularly the necessity of publication in the official Gazette for any notified orders to be valid. Consequently, the appeals were dismissed without cost, reinforcing the principle that administrative actions must strictly comply with legal procedures to be enforceable. |
| Summary |
In the landmark decision of Civil Appeals Nos.829 and 1078 of 2002, the Supreme Court of Pakistan addressed the validity of administrative notifications under the West Pakistan Foodstuffs (Control) Act, 1958. The Government of Punjab, through its Food Department, issued notifications to control the supply and distribution of sugar, which were contested by Messrs United Sugar Mills Ltd. The core issue revolved around whether these notifications were valid without being published in the official Gazette as mandated by the West Pakistan General Clauses Act, 1956. The appellants argued that non-publication did not invalidate the notifications, referencing previous cases like Muhammad Siddique v. Market Committee and Pakistan through Secretary, Ministry of Defence. However, the Supreme Court, presided over by Justices Javed Iqbal and Hamid Ali Mirza, upheld the necessity of Gazette publication, citing section 3(1) of the Control Act and reinforcing legal precedents that administrative orders must adhere to prescribed formalities to be enforceable. The decision underscored the judiciary's role in ensuring governmental accountability and the strict application of legal procedures in administrative law. This case is pivotal for legal practitioners and entities involved in regulatory compliance, highlighting the critical nature of statutory adherence in governmental directives. Key takeaways include the affirmation of procedural legitimacy in administrative actions and the judiciary's stance on enforcing legal formalities to maintain the rule of law. Trending legal keywords such as 'administrative law', 'gazette publication', 'regulatory compliance', and 'judicial enforcement' are central to understanding this case's implications in Pakistan's legal landscape. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Food Department,
Government of the Punjab,
United Sugar Mills Ltd.
|
| Judges |
JAVED IQBAL,
HAMID ALI MIRZA
|
| Lawyers |
Ms. Afshan Ghazanfar, A.A.G.,
Nemo
|
| Petitioners |
Government of the Punjab, Food Department through Secretary Food and another
|
| Respondents |
Messrs United Sugar Mills Ltd. and another
|
| Citations |
2008 SLD 1774,
2008 SCMR 1148
|
| Other Citations |
Muhammad Siddique v. Market Committee, Tandlianwala 1983 SCMR 785,
Pakistan through Secretary, Ministry of Defence and others v. Late Ch. Muhammad Ahsan through Legal Heirs and others 1991 SCMR 2180,
Muhammad Suleman and others v. Abdul Ghani PLD 1978 SC 190
|
| Laws Involved |
West Pakistan Foodstuffs (Control) Act, 1958,
West Pakistan General Clauses Act, 1956
|
| Sections |
3(1),
2(41)
|