| Citation(s) |
|---|
| 2016 SLG 495 2016 SLD 495 2016 SCMR 475 |
Supreme Court of Pakistan
Civil Appeals Nos. 139 to 144 of 2013 and Civil Petition No. 1384 of 2011, decided on 22nd December, 2015.
EJAZ AFZAL KHAN AND QAZI FAEZ ISA, JJ
Khalid Anwar, Senior Advocate Supreme Court, M. Ali Raza, Advocate Supreme Court, Shahzad Shoukat, Advocate Supreme Court, Kh. Ahmed Tariq Rahim, Advocate Supreme Court, Afnan Karim Kundi, Advocate Supreme Court, Raja Abdul Ghafoor, Advocate-on-Record, Ta
Civil Appeals Nos. 139 to 144 of 2013 and Civil Petition No. 1384 of 2011, decided on 22nd December, 2015.
EJAZ AFZAL KHAN AND QAZI FAEZ ISA, JJ
Khalid Anwar, Senior Advocate Supreme Court, M. Ali Raza, Advocate Supreme Court, Shahzad Shoukat, Advocate Supreme Court, Kh. Ahmed Tariq Rahim, Advocate Supreme Court, Afnan Karim Kundi, Advocate Supreme Court, Raja Abdul Ghafoor, Advocate-on-Record, Ta
WORLD CALL TELECOM LTD. through Chief Executive Officer and others/ers
VS
PAKISTAN TELECOMMUNICATION AUTHORITY (PTA) through Chairman and others
Law: Pakistan Telecommunication (Re-organization) Act, 1996
Section: 2(a),21,57
Law: Constitution of Pakistan, 1973
Section: 78,79
Law: Access Promotion Rules, 2004
Section: 2(a),5
(a) Pakistan Telecommunication (Re-Organization) Act (XVII of 1996)--- ----Ss. 2(a) & 57---Access Promotion Rules, 2004, R. 2(a)---Access Promotion Rules, 2004, vires of---Access Promotion Rules, 2004 were framed within the scope of S. 57 of Pakistan Telecommunication (Re-Organization) Act, 1996---Although the expression "Access Promotion Contribution" (APC) was defined in S. 2(a), Pakistan Telecommunication (Re-Organization) Act, 1996 [as inserted by Pakistan Telecommunication (Re-organization) (Amendment) Act, 2006], but such definition was already in existence in the Access Promotion Rules, 2004 and in force since the year 2004---When levy of Access Promotion Contribution (APC) was not expressly prohibited by the Pakistan Telecommunication (Re-Organization) Act, 1996, it could not be said that Access Promotion Contribution (APC) or the Access Promotion Rules, 2004 providing therefor were either ultra vires the Act or inconsistent therewith. C. E. Gibbon, Deputy Speaker, National Assembly v. Pakistan through the Secretary Ministry of Law and others PLD 1957 (W.P.) Karachi 956; Imtiaz Ahmed Lali v. Ghulam Muhammad Lali PLD 2007 SC 369 and Salehon and others v. The State PLD 1969 SC 267 distinguished. (b) Pakistan Telecommunication (Re-Organization) Act (XVII of 1996)--- ----Ss. 21 & 57--- Conflict or inconsistency between the provisions of a licence and provisions of the Pakistan Telecommunication (Re-Organization) Act, and the relevant rules and regulations framed thereunder--- Latter shall prevail in case of such conflict. (c) Pakistan Telecommunication (Re-Organization) Act (XVII of 1996)--- ----Ss. 4, 5 & 57--- Functions and powers of Pakistan Telecommunication Authority (PTA)---Rules framed under S. 57 of the Pakistan Telecommunication (Re-Organization) Act, 1996---Acts done, orders passed, rights acquired or liabilities incurred by Pakistan Telecommunication Authority (PTA) pursuant to the rules framed under S. 57 of the Pakistan Telecommunication (Re-Organization) Act, 1996 could not be held to be outside the scope of the said Act. (d) Pakistan Telecommunication (Re-Organization) Act (XVII of 1996)--- ----S. 2(a)---Access Promotion Rules,…
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