Case Details

Citation(s)
2021 SLG 726 2021 SLD 726 2021 CLD 340
Lahore High Court
Writ Petition No. 129536 of 2018 along with connectedpetitions, heard on 17th November, 2020, Date of hearing:17th November, 2020.
AYESHA A. MALIK, JUSTICE
Malik Muhammad Umar Awan, Raza Imtiaz Siddiqui, Jamshed Alam, Qadeer Kalyar, Syed Ali Zafar, Mubashir Aslam Zar, Muhammad Asif Ismail, Mansoor Usman Awan, Ms. Shazeen Abdullah, Mohsin Mumtaz, Ali Sibtain Fazli, Hasham Ahmad Khan, Abad ur Rehman, Esa Jalil

THE BANK OF KHYBER THROUGH AUTHORIZED ATTORNEYS VSMUNICIPAL CORPORATION GUJRAT THROUGH MAYOR NASIR MEHMOOD AND 2 OTHERS

Law: Companies Act, 2017

Section: 22

Law: Punjab Local Government Act, 2019

Section: 156

Law: Punjab Local Government Act, 2013

Section: 115,87

Law: Cantonments Act, 1924

Section: 200,282

(a) Companies Act (XIX of 2017)--- ----S. 22---Punjab Local Government Act (XIII of 2019), S. 156---Punjab Local Government Act (XVIII of 2013), Ss. 115 87---Local Government Taxes, Fees, Rates and Tolls---Authority of a local government to levy taxes etc.---Statutory requirement of publication of name by a company by way of conspicuous display outside every place of business of such company---Levy of local government taxes/fee(s) on such display/ signage---Scope---Question before High Court was whether Provincial Local Government could levy fee on petitioner Banking Companies for display of signboards at their places of business, when such display was made in compliance of requirement of S. 22 of Companies Act, 2017 read with applicable State Bank of Pakistan Circulars---Held, that petitioner Banks and other corporate entities were required under Federal Law to affix their signboards on their premises, regardless of whether such premises were in their ownership or rented, and thus they should be exempt from any fee to such extent, as Provincial Law could not override provisions of Federal Law---High Court held that any fee that was charged by Provincial Local Government under S.156 of Punjab Local Government Act, 2019 would be cognizant of provisions of Federal Statutes requiring Banks and corporate entities to install signboards outside their premises as per the Companies Act, 2017 and State Bank of Pakistan Circulars---Constitutional petitions were allowed, accordingly. Bank Alfalah Limited v. Messrs Callmate Telips Telecom Ltd. and 5 others 2016 CLD 1202 ref. Soneri Bank Limited v. Province of Punjab and others PLJ 2020 Lah. 239 rel. (b) Cantonments Act (II of 1924)--- ----Ss. 200 282--- Cantonment Board, powers of--- Power of Cantonment Board to make bye-laws---Levy of advertisement fee by Cantonment Board in respect of display/signage outside business premises--- Scope--- Petitioners impugned bye-laws issued by Cantonment Board regarding pasting of billboards and advertisements and levy of advertisement fee on petitioners display outside their premises, on ground that under Cantonments Act, 1924, no such power was available to Cantonment…
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