| Citation(s) |
|---|
| 2021 SLG 665 2021 SLD 665 2021 PLD 327 |
Supreme Court of Pakistan
Civil Review Petitions Nos. 421 to 454, 458 and 459 of 2020and Civil Miscellaneous Applications Nos. 6317 to 6353, 6355to 6421, 6423 to 6427, 6735, 6736, 6839, 6841, 6843 and 6845of 2020 in Civil Review Petitions Nos. Nil of 2020, Dates ofhearing: 27t
MUSHIR ALAM, JUSTICE, FAISAL ARAB, JUSTICE, SYED MANSOOR ALI SHAH, JUSTICE
Makhdoom Ali Khan, Senior Advocate Supreme Court for Petitioners/Applicants (in C.R.Ps. Nos. 444 to 447, 453, 454 of 2020, C.M.As. Nos. 6326, 6330, 6332 and 6333 of 2020).Muneer A. Malik, Senior Advocate Supreme Court for Petitioners/Applicants (in C.R.
Civil Review Petitions Nos. 421 to 454, 458 and 459 of 2020and Civil Miscellaneous Applications Nos. 6317 to 6353, 6355to 6421, 6423 to 6427, 6735, 6736, 6839, 6841, 6843 and 6845of 2020 in Civil Review Petitions Nos. Nil of 2020, Dates ofhearing: 27t
MUSHIR ALAM, JUSTICE, FAISAL ARAB, JUSTICE, SYED MANSOOR ALI SHAH, JUSTICE
Makhdoom Ali Khan, Senior Advocate Supreme Court for Petitioners/Applicants (in C.R.Ps. Nos. 444 to 447, 453, 454 of 2020, C.M.As. Nos. 6326, 6330, 6332 and 6333 of 2020).Muneer A. Malik, Senior Advocate Supreme Court for Petitioners/Applicants (in C.R.
MESSRS CHERAT CEMENT CO. LTD., NOWSHERA AND OTHERS/--APPLICANTSVSFEDERATION OF PAKISTAN THROUGH MINISTRY OF PETROLEUM AND NATURAL RESOURCES AND OTHERS
Law: Gas Infrastructure Development Cess Act, 2015
Section: 3,4
Law: Civil Procedure Code (V of 1908)
Section: 1
Law: Constitution of Pakistan, 1973
Section: 188
(a) Gas Infrastructure Development Cess Act (IV of 2015)--- ----Ss. 3 4---Industrial and commercial consumers of natural gas---Gas Infrastructure Development Cess (GIDC cess)---Gas Infrastructure Development Cess Act, 2015 (GIDC Act, 2015), vires of---[Per Mushir Alam, J: Supreme Court in the under review had declared the GIDC Act, 2015 as intra vires the Constitution---When, the GIDC Act, 2015 had been declared to be intra vires by the Supreme Court then every provision of it, which either created an obligation or granted any relief was enforceable in law---None of the grounds urged by the petitioners called for reviewing the under review---Review petitions were dismissed and the Gas Infrastructure Development Cess Act, 2015 (by a majority of 2:1, with Syed Mansoor Ali Shah, J dissenting) was held to be intra vires the Constitution. Per Syed Mansoor Ali Shah, J. dissenting [Minority view] (b) Supreme Court Rules, 1980--- ----O.XXVI, R. 8---Civil Procedure Code (V of 1908), O. XLVII, R.1---Constitution of Pakistan, Art. 188---Review petition, hearing of---Constitution of Bench---Scope---Application/petition for review shall, as far as practicable, be posted before the same Bench that delivered the or order sought to be reviewed---Judge who dissented from the majority should be Member of the Bench that was to hear the review petition, as a pronounced in terms of the majority opinion of a larger Bench could not be reviewed by a smaller Bench consisting of only the Judges holding the majority opinion---Jurisdiction and judicial power of the Judge who earlier dissented from the majority of the Bench was similar and co-extensive with that of those Judges whose opinion became the majority of the Bench, in hearing the review petition against that majority . [Minority view] Rule 8 of Order XXVI of the Supreme Court Rules, 1980 very clearly and firmly prescribed that the application for review shall, as far as practicable, be posted before the same Bench that delivered the or order sought to be reviewed. The expression same Bench left little room to speculate the constitution of the Bench: the same Bench meant the same judges, as far as practicable, and the same number…
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