Law:

Section:

(a) General Clauses Act (X of 1897)--- ----S. 21---Locus Poenitentiae---Principle---Scope---Receding back steps is available only where an action or representation is made erroneously. Muhammad Sidiq through L.Rs. v. Punjab Service Tribunal, Lahore and others 2007 SCMR 318 and Nazir Ahmad Panhwar v. Government of Sindh through Chief Secretary, Sindh and others 2005 SCMR 1814 rel. (b) Public Debt Act (XVIII of 1944)--- ----S. 28---Bahbood Savings Certificates Rules, 2003, R.5---Notification SRO No. (I)/2004 dated 20-01-2004---"Behbood Savings Certificates" purchased on basis of 'Pakistan Origin Card' by husband of a lady who was national of Pakistan---Authorities denied payment of profit under said scheme on ground that scheme was exclusively for Pakistan nationals---Plea raised by petitioner was that payment of profit was practice prevailing in the department---Validity---Department practice against law or rules on subject was not sustainable in eyes of law and could not be implemented as law in force---Husband of petitioner could not have purchased Bahbood Saving Certificates therefore, authorities were entitled to recover excess amount of profit paid to him or petitioner---Petitioner failed to make out any illegality or erroneous exercise of powers vested in authorities as their actions were neither illegal nor without jurisdiction---Constitutional petition was dismissed in circumstances. Syed Mehmood Akhtar Naqvi v. Federation of Pakistan through Secretary Law and others PLD 2012 SC 1089; Messrs Radaka Corporation and others v. Collector of Customs and another 1989 SCMR 353; Syed Imam Shah and others v. Government of N.-W.F.P. and others PLD 2004 SC 285; Shahida Bibi and others v. Habib Bank Limited and others PLD 2016 SC 995 and Muhammad Anwar and others v. Mst. Ilyas Begum and others PLD 2013 SC 255 ref. THIS ORDER PASSED BY: MUZAMIL AKHTAR SHABIR, J.--- This constitutional petition challenges the Circular dated 27.07.2012 issued Government of Pakistan, Central Directorate of National Savings, Islamabad and Circular dated 31.07.2012 issued by the Directorate of National Savings, Lahore whereby Foreign Nationals who had made irregular investment in Bahbood…

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