| Case ID |
e12a8fb5-abff-40b8-a139-5b9cca433e78 |
| Body |
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| Case Number |
Civil Appeals Nos. 822 to 825 of 2003 |
| Decision Date |
Feb 22, 2006 |
| Hearing Date |
Feb 22, 2006 |
| Decision |
The Supreme Court upheld the validity of the Government's notification regarding the period of sugarcane crushing, which was set at 160 days. The appellants contended that this regulation discriminated against them, as other provinces did not impose such limitations. The Court ruled that the Government had the authority to establish this time frame under the Central Excise Act, and thus the High Court's dismissal of the petition was justified. The appeals were ultimately dismissed, affirming the High Court's decision, which was deemed unexceptionable. The ruling emphasized the Government's competence in regulating the crushing period, and noted that the appellants' circumstances did not warrant an exception to the established rule. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed the issue surrounding the crushing period of sugarcane as stipulated by the Government. The appellants, represented by prominent advocates, argued that the 160-day limitation imposed by the Government was discriminatory compared to other provinces where no such limitation existed. The case hinged on the interpretation of Section 12A of the Central Excise Act, 1944, which grants the Government the authority to regulate such periods. The Supreme Court carefully evaluated the arguments presented and concluded that the Government's notification was valid, thus upholding the High Court's decision. This ruling is significant in the context of agricultural law and governmental authority, ensuring that regulations are consistently applied across provinces. The case serves as a precedent for future disputes regarding governmental regulations in the agricultural sector, particularly focusing on the balance between regulatory authority and the rights of businesses. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
GOVERNMENT OF PAKISTAN,
Messrs ASHRAF SUGAR MILLS LTD.
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
FAQIR MUHAMMAD KHOKHAR,
MIAN SHAKIRULLAH, JAN, JJ
|
| Lawyers |
Ch. Muhammad Anwar, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
another,
Messrs ASHRAF SUGAR MILLS LTD.
|
| Respondents |
others,
GOVERNMENT OF PAKISTAN
|
| Citations |
2007 SLD 1706,
2007 PTD 2303
|
| Other Citations |
Not available
|
| Laws Involved |
Central Excise Act, (I of 1944)
|
| Sections |
12A
|