Case Details

Citation(s)
2025 SLG 1807 2025 SLD 1807 = 2024 PLJ 661 = 2025 PTD 682
Lahore High Court, Rawalpindi Bench, Rawalpindi
W.P. No. 3965 of 2023, decided on 28.6.2024, heard on: 28.6.2024.
PRESENT;MIRZA VIQAS RAUF, J
M/s. Shafqat Mehmood Chohan and Adnan Ahmed Paracha, Advocates for Petitioners. Mr. Tahir Raheel Awan, Assistant Attorney General Pakistan. Mr. Waqas Amir, Advocate for
Respondent No. 2. M/s. Saif Ullah Khan and Rais Mehmood Ali, Advocates for
Respondent No. 3.

M/S. MADNI PAPER MART AND ANOTHER--PETITIONERS

VS

FEDERATION OF PAKISTAN THROUGH SECRETARY COMMERCE AND 2 OTHERS-RESPONDENTS

Law: Civil Procedure Code (V of 1908)

Section: 10

Law: Constitution of Pakistan, 1973

Section: 199

Law: Anti-Dumping Duties Act, 2015

Section: 58, 23, 70(3), 70(13)

SUMMARY;

The case pertained to the final determination in anti-dumping duty proceedings and the subsequent issuance of a sunset review notification by the National Tariff Commission ("Commission"). The Court emphasized that a Tribunal or Court must first establish its territorial jurisdiction before proceeding on the merits. Jurisdiction cannot be conferred by consent or parties' preferences unless the law expressly allows it. In this case, the proceedings were linked to matters already under appeal before the Tribunal and the Islamabad High Court. Therefore, the Lahore High Court held that it lacked jurisdiction under Article 199 of the Constitution.

Held:

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