Law: Constitution of Pakistan, 1973

Section: 199

Law: Charitable Endowments Act, 1890

Section: 5

Constitution of Pakistan (1973) Art. 199 read with Charitable Endowments Act (VI of 1890). S. 5 and Excite Duty on Production Capacity (Sugar) Rules, 1972, r. 3-Notification fixing production capacity of petitioner's sugar Mills-Review petition assailing such Notification dismissed by Standing Tribunal as being time-barred-Respondent, on being asked, after conclusion of petitioner's arguments, expressing willing ness that review petition would be considered on merits-Order of Tribunal declared to be without lawful authority, in circumstances of case-Review application to be deemed as pending for decision after hearing petitioner.-[Writ-Review]. Dates of hearing : 20th and 21st January 1976.                                                                                                                           JUDGMENT MUHAMMAD HALEEM, J.----By this Petition under Article 199 of the'. Constitution the petitioner assails the Notification dated 12th of March 1973, by which the production capacity was fixed at 45.600 tons a year and the order dated 8th of June 1974, of the Standing Tribunal (Production Capacity), Lahore by which the review application was dismissed as being barred by time. The petitioner is a charitable endowment constituted under the Charitable Endowments Act, 1890 (hereinafter referred to as the Act). The Federal Government by a Notification dated 8th of March 1972, issued under section 5(2) of the Act settled a Scheme of Administration for the Fauji Foundation wherein the beneficiaries are the ex-servicemen of the Armed' Forces and their dependents. Vide M. L. R. 103 promulgated on 30th of December 1971 the Chief Martial Law Administrator transferred the Fauji Sugar Mills, Khoski, to Fauji Foundation on certain terms and conditions mentioned therein. With the view to fix the production capacity of the Mills a declaration was…