Law: Punjab Local Government Ordinance (XIII of 2001)

Section: SixthSched,para44

Law: Punjab Local Government Ordinance (XIII of 2001)

Section: SixthSched,para44

Law: Civil Procedure Code (V of 1908)

Section: O.XXIX,R.1

Law: Punjab Local Government (Fee for Licensing and Permits and Licensing of Professions and Vocations) Rules, 2002

Section: 3(iii)(f)

(a) Punjab Local Government Ordinance (XIII of 2001)-------Sixth Sched., para 44---Punjab Local Government (Fee for Licensing and Permits and Licensing of Professions and Vocations) Rules, 2002, R.3(iii)(f)---Constitution of Pakistan, Arts. 189 & 199---Constitutional petition---License fee, demand of---Manufacturing of textile products---Supreme Court, decision of--- Judgment in rem---Petitioner was a textile manufacturing company and was aggrieved of notice of demand issued by authorities for recovery of professional fee---Plea raised by authorities was that notice was rightly issued as the matter had already been decided by Supreme Court---Validity---Business of manufacturing textile products fell within the purview of paragraph 44 of Sixth Schedule to Punjab Local Government Ordinance, 2001, read with Rule 3(iii)(f) of Punjab Local Government (Fee for Licensing and Permits and Licensing of Professions and Vocations) Rules, 2002, therefore, notice for demand of license fee was lawfully issued by authorities---Earlier petition filed by petitioner was disposed of in terms of passed in main petition and the same was set aside by Supreme Court, which was in rem, and binding on all in view of Art.189 of the Constitution---Non-filing of appeal in other cases was of no legal consequence---Judgment settling proposition of law and declaring legal position was binding upon petitioner company and as such demand notice was legally issued by authorities under Punjab Local Government Ordinance, 2001--- Petitioner failed to make out a case for holding notice as illegal and without lawful authority---Petition was dismissed in circumstances. Quetta Textile Mills Limited, Nadir House, G/F-I, I.I. Chundrigar Road, Karachi v. Pakistan through Secretary, Ministry of Finance, Government of Pakistan Islamabad and 2 others 2000 YLR 2683; Income-Tax Officer, Central Circle II, Karachi and another v. Cement Agencies Ltd. PLD 1969 SC 322; Mian M. Azam Chaila v. Wajid Ali Khan and others PLD 2009 Lah. 449; Koh-i-Noor Sugar Mills Limited v. Pakistan through Secretary, Ministry of Finance and 2 others 1989 SCMR 2044 and Muhammad Idrees v. Agricultural Development Bank of Pakistan and…

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