Case Details

Citation(s)
2018 SLG 1925 2018 SLD 1925 2018 CLD 1149
Lahore High Court
W.P. No. 1553 of 2015, decided on 03-04-2018.
SHAMS MEHMOOD MIRZA, JUSTICE
Muqtadir Akhtar Shabbir for Petitioner. Rehan Nawaz for
Respondent/State Bank. Imran Aziz Khan, Deputy Attorney General for Pakistan.

QASIM ALI

VS

FEDERATION OF PAKISTAN AND OTHERS

Law:

Section:

Prize Bond Rules, 1999--- ----R.15---Public Debt Act (XVIII of 1944), Ss.2(2)(a)(iv), 23 & 28---Prize bond---Time limitation of six years allowed for presenting prize bond for attaining price---"Prize bond" distinguished from "bearer bond"---Scope---Petitioner impugned R. 15 of the Prize Bond Rules, 1999 on the ground that per S. 23 of the Public Debt Act, 1944, Government could not prescribe time-limitation for presentation of prize bonds to claim prize(s)---Validity---Prize bonds were different specie of bonds than bearer bonds, therefore, S. 23 of the Public Debt Act, 1944 was not applicable on the same---Prize bonds came within purview of S. 2(2)(a)(iv) of the Public Debt Act, 1944 and Government could, in terms of S. 28 of the Public Debt Act, 1944 validly frame rules in respect of its obligations on prize bonds---In the present case claim preferred by the petitioner, for collection of Prize money had become time-barred---Contention that R. 15 of the Prize Bonds Rules, 1999 was in violation of the Public Debt Act, 1944 was without merit---Constitutional petition was dismissed, in circumstances. Director General National Savings Islamabad v. Balqees Begum and others PLD 2013 SC 174 rel. THIS ORDER PASSED BY: SHAMS MEHMOOD MIRZA, J:---.--- This writ petition seeks to challenge the vires of Rule 15 of the Prize Bond Rules, 1999. 2. The petitioner is the holder of prize bond No.D-433992 having face value of Rs.1500/-. The said prize bond was listed in the draw held by the State Bank of Pakistan on 15.08.2003 carrying prize money of Rs.1,000,000/-. The petitioner after becoming aware of the aforementioned fact applied for the prize money on 23.08.2014 when his request was turned down being time barred in terms of Rule 15 of the Prize Bond Rules, 1999, hence this writ petition. 3. Learned counsel submitted that Rule 15 was ultra vires to provisions of Public Debt Act, 1944 (the Act) which did not prescribe any limitation period for collecting the prize money on a prize bond. In this regard, reference was made to sections 23 and 24 of the Act to state that the said provisions did not provide any period of limitation for discharge of the liability of the…
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