| Case ID |
750259e1-7a36-41e3-b64a-11d4fdf7739e |
| Body |
View case body. Login to View |
| Case Number |
D-2443 of 2010 |
| Decision Date |
May 10, 2011 |
| Hearing Date |
|
| Decision |
The Sindh High Court held that the petitioner cannot use the constitutional jurisdiction of the High Court as a substitute for an appeal provided under the Foreign Exchange Regulation Act, 1947. The court emphasized that when a tribunal exists and is functional, the proper course is to file an appeal before the designated forum. The petitioner was instructed to file an appeal before the Appellate Board regarding the order passed by the Joint Director of Adjudication, with an application for condonation of delay. The court also noted that no demand for recovery of the impugned amount should be enforced until the Appellate Board is operational. The decision underscored the importance of adhering to legal processes and respecting the jurisdictional boundaries established by law. |
| Summary |
In the case of Sindh High Court's Constitutional Petition No. D-2443 of 2010, the petitioner challenged an order from the Foreign Exchange Adjudication Court. The court examined the maintainability of the constitutional petition, determining that the appropriate remedy lay in appealing to the Appellate Board as per the provisions of the Foreign Exchange Regulation Act, 1947. The court clarified that the High Court's jurisdiction cannot be employed to bypass the appeal process or to avoid the limitations set forth in the law. Furthermore, it was noted that despite the Appellate Board's functionality being in question due to non-nomination of members, the existing framework must be followed. This case highlights the procedural rigor required in legal appeals and the necessity for parties to utilize the correct legal avenues for redress. The decision serves as a critical reminder of the established legal protocols and the importance of maintaining the integrity of judicial processes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUSHIR ALAM, CHIEF JUSTICE,
SYED HASAN AZHAR RIZVI, JUSTICE
|
| Lawyers |
Haroon Shah for Petitioner,
Naheed A. Shahid for Respondent No. 3,
Masood Anwar Ausaf for Respondents Nos. 1 and 2,
Aashiq Raza, D.A.G.,
Sher Muhammad K. Shaikh, A.A.G.
|
| Petitioners |
MUSHIR ALAM
|
| Respondents |
2 OTHERS,
ADJUDICATING OFFICER
|
| Citations |
2012 SLD 603,
2012 CLD 1893
|
| Other Citations |
Not available
|
| Laws Involved |
Foreign Exchange Regulation Act,
Constitution of Pakistan
|
| Sections |
23-C,
199
|