| Citation(s) |
|---|
| 1978 SLG 214 1978 SLD 214 1978 SCMR 327 |
Supreme Court of Pakistan
Civil Review Petition No. 7/R of 1975, decision dated: 27th March 1978
ANWARUL HAQ, C.J., MUHAMMAD HALEEM AND GHULAM SAFDAR SHAH, JJ
Mohammad Nazar Khan, Advocate on-Record for Petitioner. Nemo for
Respondents
Civil Review Petition No. 7/R of 1975, decision dated: 27th March 1978
ANWARUL HAQ, C.J., MUHAMMAD HALEEM AND GHULAM SAFDAR SHAH, JJ
Mohammad Nazar Khan, Advocate on-Record for Petitioner. Nemo for
Respondents
ZAMIR AHMAD KHAN
VS
GOVERNMENT OF PAKISTAN AND ANOTHER
Law:
Section:
(a) Constitution of Pakistan (1973) Art. 199 read with Imports and Exports (Control) Act (XXXIX of 1950), 3. 3 (0 Licence, grant of Writ of mandamus Licence simpliciter A privilege and not a legal right in generality of cases No legal duty for its grant Emphasis in such cases-On policy Discretion vested in authorities Directed towards attainment of policy's objectives Exceptional cases apart, mandamus, held, could not issue in such cases. [Writ]. (b) Constitution of Pakistan (1973) ----Art. 199 read with Imports and Exports (Control) Act (XXXIX of 1950), S. 3 (1) Licence, refusal of Writ of mandamus Decisions taken by Central Government in prohibiting, restricting or otherwise controlling import of goods Fall within realm of policy making¬ Orders in all such cases to conform to policy decisions of Govern¬ment Amendment made in policy order disqualifying private importers from importing films Signified change in policy Petitioner informed of being refused licence because of change in policy and not for any other reason, writ of mandamus, held, could not lie against licensing authority so as to defeat policy competently made by Federal Government. [Writ]. Pakistan and another v. S. Hussain Ali Shah A Fazlani P L D 1960 S C 310 and Messrs Shamim Textile Mills. Lahore v. The Republic of Pakistan P L D 1972 Lah. 572 distinguished. (c) Supreme Court Rules, 1956 O. XXVI Review Submissions made in fact amounting to attempt at rehearing of whole case Questions raised already considered and discussed at length in under review Rehearing of whole case, held, not permissible under power of review. [Review]. ORDER ANWARUL HAQ, C. J. This petition seeks a review of the Judgment of this Court dated the 3rd of December 1974, by which Civil Appeal No. 21 of 1973, was accepted, the judgment of the Division Bench of the Lahore High Court dated the 23rd of February 1973, was set aside, and the order of the learned Single Judge dated the 2nd of October 1972, dismissing the writ petition in limine was restored. The writ petition bad been moved by the present petitioner to call in question the refusal by the Controller, Imports and Exports, Lahore to issue a licence in favour of the…
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