| Citation(s) |
|---|
| 2018 SLG 1493 2018 SLD 1493 2018 PTD 1272 2018 PTCL 806 |
Lahore High Court
W.P. No. 14621 of 2014, heard on 01-03-2018
SHAHID KARIM, JUSTICE
Dr. Ikram ul Haq for Petitioner. Sarfraz Ahmad Cheema and Tahir Mahmood Ahmad Khokhar, D.A.G. for
Respondents.
W.P. No. 14621 of 2014, heard on 01-03-2018
SHAHID KARIM, JUSTICE
Dr. Ikram ul Haq for Petitioner. Sarfraz Ahmad Cheema and Tahir Mahmood Ahmad Khokhar, D.A.G. for
Respondents.
WAHEED SHAHZAD BUTT
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY, REVENUE DIVISION AND ANOTHER
Law: Constitution of Pakistan, 1973
Section: 199
Notification--- ----Issuance of---While issuing a notification in terms of delegation powers under an enactment, the Federal Government had to act in a manner laid down by the constitution, and unless procedural formalities had been complied with, the notification so issued must be struck down as void ab initio. Messrs Mustafa Impex, Karachi and others v. Government of Pakistan through Secretary Finance, Islamabad and others PLD 2016 SC 808 fol. THIS JUDGMENT DELIVERED BY: SHAHID KARIM, JUSTICE:---.--- This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 ("the Constitution") lays a challenge to the S.R.O. 1065(I)/2013, dated 20.12.2013. 2. At the outset, the learned counsel for the petitioner has relied upon the judgment of the Supreme Court of Pakistan reported as Messrs Mustafa Impex, Karachi and others v. Government of Pakistan through Secretary finance, Islamabad and others (PLD 2016 Supreme Court 808), to contend that the notification in issue in the present constitutional petition has been promulgated by the Federal Government without complying with the requirements as spelt out in the judgment of the Supreme Court of Pakistan and must be held to be ultra vires and unlawful. The contention of the…
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