| Citation(s) |
|---|
| 2021 SLG 1192 2021 SLD 1192 2021 CLC 2022 |
Lahore High Court
Writ Petition No. 7603 of 2020, heard on 2nd July, 2021, Date of hearing: 2nd July, 2021.
TARIQ SALEEM SHEIKH, JUSTICE
Abdul Rashid Sheikh for Petitioners. Waseem-ud-Din Mumtaz, Assistant Advocate General with Khawaja Qaisar Butt for
Respondents.
Writ Petition No. 7603 of 2020, heard on 2nd July, 2021, Date of hearing: 2nd July, 2021.
TARIQ SALEEM SHEIKH, JUSTICE
Abdul Rashid Sheikh for Petitioners. Waseem-ud-Din Mumtaz, Assistant Advocate General with Khawaja Qaisar Butt for
Respondents.
MUHAMMAD KHALID AND OTHERS
VS
MARKET COMMITTEE MUZAFFARGARH AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 199,10-A
(a) Taxation--- ----No tax, fee, charge, or levy, by whatever name called, could be imposed by the Government or a public body, except under the authority of a law enacted by a competent Legislature. Government of Khyber Pakhtunkhwa and others v. Khalid Mehmood 2012 SCMR 619; Al-Hamza Ship Breaking Co. and 14 others v. Government of Pakistan through Secretary Revenue Division, Ministry of Finance, Islamabad and others 2015 SCMR 595; Hyderabad Cantonment Board v. Raj Kumar and others 2015 SCMR 1385; Treet Corporation Limited v. Government of Pakistan through its Secretary, Ministry of Industries, Islamabad and 2 others PLD 1992 Kar. 427 and Exide Pakistan Limited v. Cantonment Board Clifton and another 2012 CLC 1124 rel. (b) Constitution of Pakistan ----Art.199---Constitutional jurisdiction of High Court---Locus standi---Scope---For maintaining a proceeding in Constitutional jurisdiction of High Court, it was not necessary that petitioner should have a right in strict juristic sense and was enough if he disclosed that he had personal interest in performance of a legal duty, which if not performed or performed in a manner not permitted by law, would result in loss of some personal benefit or advantage or curtailment of a privilege in liberty or franchise. Ardeshir Cowasjee and 10 others v. Karachi Building Control Authority (KMC), Karachi and 4 others 1999 SCMR 2883 rel. (c) Constitution of Pakistan ----Art. 199 10A---Constitutional jurisdiction of High Court --- Duty of litigant to place all relevant facts before Court---Fundamental Right to fair trial---Scope---When a litigant invoked Constitutional jurisdiction of High Court, it was incumbent upon such litigant to place all relevant facts before the Court and not to hide anything, which duty was corresponding to right to fair trial. Amar Singh v. Union of India and others (2011) 7 SCC 69 and Muhammad Arif v. Uzma Afzal and others 2011 SCMR 374 rel. (d) Punjab Agricultural Produce Markets Ordinance (XXIII of 1978)--- ----S.19---Punjab Agricultural Marketing Regulatory Authority Act (XXIX of 2018), Ss. 15B 15C---Constitution of Pakistan, Art.199---Constitutional petition--Levy of fee(s) by Market…
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