Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Constitution of Pakistan (1973)--Art.185(3)--Export quota policy--Violation of--Allocation of additional cotton textiles export 'quota'--Entitlement of petitioners on basis of their export performance--Excess shipment made by petitioners than their quota entitlement-­Authority instead of penalizing petitioners allowing additional quota on conditions that such excess shipment was to be adjusted from their entitlement for the following year and that they were to pay a specific penalty--Pay orders for specific penalty were deposited by petitioners thus apparently accepting conditions imposed upon them--Petitioners, however, challenged decision of authority to deduct excess quota from their entitlement of the following years by filing a Constitutional petition wherein they claimed that authorities had waived disputed conditions--Constitutional petition was dismissed by High Court--Order impugned--No reliable material on record was available on basis whereof, waiver of disputed conditions could be concluded--Petitioner having availed of regularisations on conditions attached therewith, had no cause to maintain constitutional petition--Leave to appeal was refused in circumstances. Fakharuddin G.Ibrahim, Senior Advocate Supreme Court and Mrs. Majida Rizvi, Advocate-on-Record for Petitioner. Nurul Hassan, Advocate Supreme Court and Muzaffar Hassan, Advocate-on-Record for Respondent No.l. Date of hearing: 16th October, 1988. ORDER NASIM HASAN SHAH, J.--This petition is directed against the judgment of a Division Bench of the High Court of Sind at Karachi passed in Constitutional Petition No.D-1184 of 1986, dated 25-4-1988. The declaration claimed by the petitioners in their- Constitutional, petition was that they were entitled to the full entitlement of 31,99,112 sq. yards, which was the quota available to them for the year 1986 and that they should be allocated a like quota accordingly. To appreciate the above contention it may be mentioned that export of cotton textiles to the U.S.A. and other EEC countries is under quantitative restrictions imposed by the importing countries which is regulated by the Multi Fibre Arrangement entered into through bilateral…

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