Law: Anti Dumping Duties Ordinance, 2015

Section: 27,29(2),70,70(1)(ii)

Law: Limitation Act, 1908

Section: 5

(a) Anti-Dumping Duties Act (XIV of 2015)--Ss.70 29(2)-Limitation Act (IX of 1908) S.5-Appellate Procedures under the Anti-Dumping Duties Act, 2015-Limitation prescribed for filing of appeals-Condonation of delay-Applicability of the Limitation Act, 1908 to such appellate procedures-Scope- Legislature had not made S.5 of Limitation Act, 1908 specifically applicable to appeals filed under S. 70 of Anti-Dumping Duties Act, 2015 and mere fact that said Act did not exclude application of S.5 of Limitation Act, 1908, did not by itself extend application of said S.5 to proceedings under Anti-Dumping Duties Act, 2015-Application of S.5 of Limitation Act, 1908 also stood excluded by S.29(2) of Anti-Dumping Duties Act, 2015-Anti-Dumping Duties Act, 2015, was a special law which prescribed limitation period to which Limitation Act, 1908 would not be applicable. 2018 PTD 668 ref. Mahmud Alam v. Mehdi Hussain PLD 1970 Lah. 6; Government of Balochistan v. Abdul Rashid Langove 2007 SCMR 510; Haji Hussain Haji Dawood v. M.Y. Kherati 2002 SCMR 343; Rahim Jan v. Securities and Exchange Commission of Pakistan 2002 SCMR 1303; Muhammad Nazir v. Saeed Subhani 2002 SCMR 1540; Allah Dino v. MUhammad Shah 2001 SCMR 286; Riaz Hussain v. Board of Revenue 1991 SCMR 2307 and Ali Muhammad v. Fazal Hussain 1983 SCMR 1239 rel. (b) Anti-Dumping Duties Act (XIV of 2015)--S.27-Notice for decision to initiate investigation by National Tarrif Commission-Publication of notice-Validity of preliminary or final determination in an investigation-Scope-Requirement to publish notice for initiation of investigation in official Gazette and in newspapers under S.27(1)(b) of Anti-Dumping Duties Act, 2015, could not be termed as substituted service which was resorted to in substitution of ordinary mode for service of such notice where notice could not be served on party though ordinary mode, or where party was evading service of notice-Where notices of initiation of investigation were published in official Gazette as well as newspapers in accordance with said S.27(1)(b), preliminary determination or final determinations made could not be declared invalid if notices under S.27(l)(a) of said Act were not sent…

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