Case Details

Citation(s)
1985 SLG 862 1985 SLD 862 1985 SCMR 1547
Supreme Court of Pakistan
Civil Appeal No. K/9 of 1975, decision dated: 8-10-1983
MUHAMMAD AFZAL ZULLAH, SHAFIUR RAHMAN, M. S. H. QURAISHI AND MIAN BURHANUDDIN KHAN, JJ

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Messrs Haji MAULA BAKHSH & SONS

VS

. COLLECTOR OF CUSTOMS and another--Respondents

Law:

Section:

Res judicata-----Petitioner is not entitled to take different pleas at different times so as to file more than one petition on same facts--Proper course for further plea would be to file a petition for review if such a petition be maintainable--General principle of res judicata is applicable to constitutional petition also--Constitution of Pakistan (1973), Art. 199-­Civil Procedure Code (V of 1908), S. 11. Inayatullah and others v. Shah Muhammad and others PLD 1961 Lah. 372; Probodh Kumar Das v Dantmera Tea Co. AIR 1940 PC 1; Mst. Sattan and others v. Group Captain Masroor Hussain PLD 1962 Lah. 151; Ali and another v. The Crown PLD 1952 P C 71; A.M: Khan Leghari v. Government of Pakistan PLD 1965 Lah. 214; Sheesagar Singh and others v. Sitaram Singh and others 24 I A 50; Muhammad Khalil Khan and others v. Mahbub Ali Mian and others AIR 1949 P C 78; AIR 1949 P C 78 and Official Assignee, Bombay v . Madholal Sindhu AIR 1947 (?) ref. Mirza Muhammad Yaqub v . The Chief Settlement Commissioner and another PLD 1965 S C 254 fol. Zaheer Ahmad Khan, Advocate Supreme Court and Ejaz Ahmad Khan Advocate-on-Record for Appellants. Zia Mahmood Mirza, Advocate Supreme Court and Akhtar Ali Chodhry, Advocate-on-Record for Respondents. Date of hearing: 8th October, 1983. JUDGMENT MIAN BURHANUDDIN KHAN, J.-- Leave was granted in Civil Petition for Special leave to appeal No. K/85/1972 (Civil Appeal K/9/75) by this Court per order dated 12-10-1973 against constitutional petition No. K/85 of 1972 filed to challenge two orders of the Collector of Customs and the Board of Revenue, passed respectively on 22-7-1965 and 11-10-1967 on the grounds that the appellants' engaged in the business of selling glass sheets, were issued import licence under the Export Bonus Scheme for importing goods of certain specified- description in accordance with item No. 35 of Public Notice No. 2 (38) 64. E.P. 17 dated 21-7-1964 under section 3 (1) of the Imports & Exports Control Act, 1950. The appellants indented goods which did not comply with the description given, in the import licences so far as weight, thickness and value are concerned. The Customs authorities, therefore, confiscated goods and…
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