| Case ID |
f7347108-9166-4871-9d9f-00fd28a6fc8c |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 9982 of 1996 |
| Decision Date |
Jul 04, 1996 |
| Hearing Date |
|
| Decision |
The Lahore High Court declared the notification dated 12-6-1996 issued under section 3 of the West Pakistan Foodstuffs (Control) Act, 1958 as ultra vires and illegal. The court emphasized that restrictions on inter-provincial trade cannot be imposed by the provincial government through executive orders. The judgment highlighted the constitutional provisions that ensure free trade and commerce throughout Pakistan, underlining that any such restrictions must be enacted by law and cannot be unilaterally decided by provincial authorities. The ruling reinforced the importance of adhering to constitutional mandates in matters of trade and commerce, particularly concerning essential commodities like wheat and flour. |
| Summary |
This case revolves around the legality of a notification issued by the Provincial Government under the West Pakistan Foodstuffs (Control) Act, 1958, which restricted the movement of essential commodities such as wheat and flour between provinces. The Lahore High Court's ruling emphasized the constitutional right to free trade across provinces as stipulated in Article 151 of the Constitution of Pakistan (1973). The court found that the notification was issued without lawful authority and was, therefore, ultra vires. The decision underscores the need for provincial governments to operate within the boundaries of the law, particularly regarding inter-provincial trade, and highlights the ongoing tension between provincial regulations and constitutional provisions aimed at ensuring free commerce. This case serves as a significant precedent for future disputes involving provincial authority and constitutional trade rights, making it essential reading for legal professionals and scholars interested in constitutional law and trade regulations. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IHSAN-UL-HAQ CHAUDHRY, J
|
| Lawyers |
Shahzad Shaukat,
Mian NajamuzZaman,
Kh. Ahmad Tariq Rahim,
Abdullah Yousaf
|
| Petitioners |
STAR FLOUR MILLS
|
| Respondents |
PROVINCE OF PUNJAB and others
|
| Citations |
1996 SLD 1421,
1996 PLD 687
|
| Other Citations |
PLD 1982 Lah. 109,
PLD 1996 Lah. 133,
AIR 1957 SC 699,
AIR 1962 SC 1406,
1990 MLD 317,
PLD 1990 Kar. 402,
AIR 1969 SC 147,
AIR 1964 SC 1006,
AIR 1970 SC 1275,
(1967) 2 SCR 361,
PLD 1990 SC 99
|
| Laws Involved |
West Pakistan Foodstuffs (Control) Act,
Constitution of Pakistan (1973)
|
| Sections |
3,
151,
268
|