| Citation(s) |
|---|
| 2016 SLG 2761 2016 SLD 2761 2016 PLD 36 |
Islamabad High Court
W.P. Nos.1741 of 2014, 3404 of 2013, 903 of 2014, 979 of2014, 980 of 2014, 981 of 2014, 982 of 2014, 985 of 2014,994 of 2014, 995 of 2014, 996 of 2014, 997 of 2014, 1001 of2014, 1002 of 2014, 1168 of 2014, 1222 of 2014, 1325 of2014, 1429 of 2014, 1892
MUHAMMAD ANWAR KHAN KASI, CHIEF, JUSTICE
Salim ur Rehman, Advocate Supreme Court and Raja Muqsit Nawaz Khan for Petitioner (in W.P. Nos.1168 and 4074 of 2014).Malik Muhammad Siddiqui Awan for Petitioner (in W.P. Nos.1222, 1429, 3404, 979, 980, 981, 982, 985, 994, 995, 996 and 997 of 2014).Ma
W.P. Nos.1741 of 2014, 3404 of 2013, 903 of 2014, 979 of2014, 980 of 2014, 981 of 2014, 982 of 2014, 985 of 2014,994 of 2014, 995 of 2014, 996 of 2014, 997 of 2014, 1001 of2014, 1002 of 2014, 1168 of 2014, 1222 of 2014, 1325 of2014, 1429 of 2014, 1892
MUHAMMAD ANWAR KHAN KASI, CHIEF, JUSTICE
Salim ur Rehman, Advocate Supreme Court and Raja Muqsit Nawaz Khan for Petitioner (in W.P. Nos.1168 and 4074 of 2014).Malik Muhammad Siddiqui Awan for Petitioner (in W.P. Nos.1222, 1429, 3404, 979, 980, 981, 982, 985, 994, 995, 996 and 997 of 2014).Ma
SHELL PAKISTAN LIMITED, Karachi High Court THROUGH ATTORNEY.VSCAPITAL DEVELOPMENT AUTHORITY THROUGH CHAIRMAN AND 2 others.
Law:
Section:
(a) Islamabad (Control of Advertisement) Regulations, 1977---.--- ---.----Regln. 5---.---Municipal Administration Ordinance (X of 1960), S. 33 & Third Sched., Entry No. 22---.---Capital Development Authority Ordinance (XXIII of 1960), S.51---.---West Pakistan General Clauses Act (VI of 1956), S.20---.---Constitution of Pakistan, Arts. 4, 18, 25, 70, 77, 141, 142 & 143, 199 & Fourth Sched., Part I, Entry No. 48---.---Constitutional petition---.---Islamabad (Control of Advertisement) Regulations, 1977, vires of---.---Commercial entities having operational outlets within Islamabad Capital Territory---.---Sign boards on business premises---.---Notice for payment of advertisement fee---.---Contention of petitioners/commercial entities that impugned levy/advertisement fee was against the freedom of trade and was a trespass in the authority of Parliament for the reasons that only Parliament could impose tax concerning the purposes of Federation and tax on corporations which was mentioned at entry No. 48 of Federal Legislative List contained in Fourth Schedule of the Constitution; that the provisions of subordinate legislation in the shape of Islamabad (Control of Advertisement) Regulations, 1977, could not prevail due to being inconsistent with Federal Legislation i.e. Municipal Administration Ordinance, 1960, and that the rate of advertisement fee had been changed without approval of the Government---.---Validity---.---Said contentions did not inspire confidence because freedom of trade guaranteed under Art. 18 of the Constitution was qualified and remained subject to law and where a condition had been imposed under the authority of law, it could not be presumed to be in contravention of the freedom of trade---.---Regarding the subject of Federal Legislative List, joint reading of Arts.70 & 77 of the Constitution showed that the expression "by or under the authority" used in Art.77 empowered the Parliament/legislature to delegate the mentioned powers to another institution---.---Islamabad (Control of Advertisement) Regulations, 1977 was issued in exercise of power under S.51 of the Capital Development Authority Ordinance, 1960, which was a federal…