| Case ID |
f8828c45-03f1-43c4-8acd-12649b8b0f97 |
| Body |
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| Case Number |
Civil Appeals Nos. 654-667 of 1990 |
| Decision Date |
Dec 20, 1992 |
| Hearing Date |
|
| Decision |
The appeals were dismissed as the Supreme Court found that the High Court was justified in relying on its prior judgment in the Al-Samroz Enterprises case despite the insertion of Section 31-A in the Customs Act, 1969. The Court ruled that since the Letters of Credit were opened prior to July 1, 1988, the provisions of Section 31-A were not applicable. The decisions in the cases were deemed past and closed transactions under the law at that time. Thus, the ratio from the Al-Samroz case could be utilized by the appellants. The parties were left to bear their own costs. |
| Summary |
This case revolves around the interpretation of the Customs Act, 1969, specifically Section 31-A, which was inserted by Finance Ordinance II of 1988. The Supreme Court of Pakistan addressed whether the High Court's reliance on a previous judgment in the Al-Samroz Enterprises case was justified despite changes in the law. The Court concluded that transactions prior to July 1, 1988, were to be treated as closed, allowing the appellants to benefit from the earlier ruling. This decision underscores the importance of understanding the temporal application of law and its implications for financial transactions, especially in customs and trade law. The ruling is significant for entities involved in international trade as it clarifies the status of transactions under prevailing laws prior to the amendment. The case highlights key legal principles that can aid future litigants in similar situations, making it a critical reference point in customs law jurisprudence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
FEDERATION OF PAKISTAN,
PUNJAB STEEL LIMITED
|
| Judges |
NASIM HASAN SHAH,
SAAD SAOOD,
JAN,
WALI MUHAMMAD KHAN
|
| Lawyers |
Ch. Muhammad Farooq,
Mr. Ashtar Ali
|
| Petitioners |
,
FEDERATION OF PAKISTAN through the Secretary, Ministry of Finance
|
| Respondents |
others,
PUNJAB STEEL LIMITED
|
| Citations |
1993 SLD 893,
1993 SCMR 2267,
1994 PTCL 296
|
| Other Citations |
1986 SCMR 1917,
1993 SCMR 1905
|
| Laws Involved |
Customs Act, 1969,
Constitution of Pakistan, 1973
|
| Sections |
31A,
185
|