| Citation(s) |
|---|
| 2017 SLG 145 2017 SLD 145 2017 CLC 105 2016 PLJ 521 |
Islamabad High Court
Writ Petition No. 2451 of 2015, decided on 18th July, 2016. Date of hearing: 21st April, 2016.
AAMER FAROOQ, JUSTICE
Sardar Ejaz Ishaq Khan for Petitioner. Barrister Munawar Iqbal Duggal and Syed Hasnain Ibrahim Kazmi, D.A.G. for
Respondents.
Writ Petition No. 2451 of 2015, decided on 18th July, 2016. Date of hearing: 21st April, 2016.
AAMER FAROOQ, JUSTICE
Sardar Ejaz Ishaq Khan for Petitioner. Barrister Munawar Iqbal Duggal and Syed Hasnain Ibrahim Kazmi, D.A.G. for
Respondents.
LINKDOTNET TELECOM
VS
. FEDERATION OF PAKISTAN AND others
Law: Pakistan Telecommunication (Re-organization) Act, 1996
Section: 4-K
Pakistan Telecommunication (Reorganization) Act (XVII of 1996)--- ----S. 4-K--- Access Promotion Contribution--- Suspension of notification---Effect---Petitioners assailed clarifications dated 15-6-2015 and 22-6-2015 and demand notices issued by authorities on the basis of such clarifications---Order/notification in question was suspended for the time being and when stay was vacated it revived---In the year 2014 the directive was stayed by two different High Courts and stay orders came to an end on 24-2-2015 and the result of the same was that 2014 policy directive was revived and became operative from its original date---Effect---Clarifications issued by authorities were not sustainable and the demand based on such clarifications issued by authorities were also not tenable---Authorities issued notification dated 1-7-2014, which was in field and was suspended only for some period, therefore, authorities were estopped from demanding charges on the basis of 2013 policy directive---Clarifications dated 15-6-2015 and 22-6-2015 as well as demand notices based thereon were set aside by High Court with direction that authorities to implement notification letter dated 1-7-2014 from its date of issuance-Constitutional petition was allowed in circumstances. Government of Punjab v. M/s Crescent Textile Mills Limited PLD 2004 SC 108; Collector of Customs and others v. Karachi Bulk Storage and Terminal Ltd. 2007 SCMR 1357; Collector of Customs, Customs House Lahore v. Messrs S.M. Ahmed and Company (Pvt.) Ltd. 1999 SCMR 138; Nizamuddin and others v. Civil Aviation Authority and others 1999 SCMR 467; Rana Aftab Ahmed Khan v Muhammad Ajmal and others PLD 2010 SC 1066; Messrs Shree Chamundi Mopeds Ltd v. Church of S.I.T. Association AIR 1992 SC 1439; Kanoria Chemicals and Industries Ltd v. U.P.State Electricity Board and others (1997) 5 SCC 772; Messrs B.P.L. Ltd. v. R.Sudhakar AIR 2004 SC 3606; Nadia Nazir and others v. Chairman, Board of Intermediate and Secondary Education Lahore and others PLD 1999 Lah. 187; Mst.Attiyya Bibi Khan and others v. F.O.P, and others 2001 SCMR 1161; Muhammad Nawaz Malik and others v. Government of the Punjab and others PLD 2011 Lah. 160; Pak…
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