Case Details

Citation(s)
1991 SLD 1700 = 1991 CLC 1407
Lahore High Court
Writ Petition No.1126 of 1968, heard on 8th May, 1991.
Presented By: Before Malik Muhammad Qayyum, J
------- Ayyaz Hassan for Petitioners. Nemo for
Respondents.

BATALA ENGINEERING COMPANY and others --- Petitioners

VERSUS

THAL DEVELOPMENT AUTHORITY and others --- Respondents

Law: Civil Procedure Code (V of 1908)

Section:

Civil Procedure Code (V of 1908)--- ---- OXXI, R.54 --- Constitution of Pakistan (1973), Art.199 --- Notice of demand and warrants for attachment of property --- Petitioner claimed that no opportunity of being heard was granted to him nor was he associated with proceedings held by respondents while determining amount in question, due from him --- Validity-- Before a disputed claim could ripen into "dues", determination in accordance with law must be made by competent Authority, after giving opportunity to the affected person of being heard ---No such opportunity having been given to petitioner, demand notice and warrants of attachment were declared to have been issued without lawful authority and of no legal effect. Abdul Latif v. Government of the Punjab P L D 1962 SC 384 rel. Ayyaz Hassan for Petitioners. Nemo for Respondents. Date of hearing: 8th May, 1991. JUDGMENT By this Constitutional petition, the petitioner has assailed the notice of demand and the warrants for attachment of the property of the petitioner issued by the respondents on account of non-payment of Rs.1,51,132 allegedly payable by the petitioner to the respondent, as arrears of land…
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