Law:

Section:

(a) Basic Democracies Order [18 of 1959] Art. 65--Octroi duty--Recovery-Contention that money claimed neither covered by definition of taxes nor claimable by a Local Counsel under Order but at worst a demand arising out of breach of at contract between parties- --Article 60 of Order, empowering District 4.i Councils with prior sanction of Government to levy taxes, rates," tolls and fees mentioned in Fifth Schedule but none of items enlisted therein relating to money recoverable due to breach of a contract Held, although parties entered into a contract authorising petitioners to realize octroi duty on import and export of goods, yet such does not render disputed amounts as moneys claimable by a Local Council under Order. (b) Basic Democracies Order [18 of 1959]          Art. 65 Words arid phrases-Expression `moneys claimable -" . under Order'---Refers to amount leviable by a Local Council under terms of Order but cannot be extended to include money due from a person given out lease for realization of octroi duty under a con tract.-[Words and phrases]. (c) Basic Democracies Order [18 of 1959] Art. 65-Octroi duty-Leasing out realization of octroi duty-May be a permissible activity but not an activity imposed by Order-Money due in breach of such contract, held,, does not become money claimable under Order: Sardar Muhammad and another v. Chairman, Town Committee, Sadiq abad P L D 1962 B J 8 and Haji Syed Habibullah and another v. The Municipal Committee, Quetta through The Administrator, Municipal Com mittee, Quetta and another P L D 1977 Quetta 71 ref. Dates of hearing : 1 st, 2nd and 3rd March 1980.                                                                                                                         JUDGMENT Haji Wali Muhammad Khan instituted a suit against Deputy Com missioner, Dir defendant No. I and Home…