Law:

Section:

(a) Constitution of Pakistan (1973)--Art.185(3)---Leave to appeal was granted to examine whether High Court had justifiably denied relief to the appellant in spite of recording a finding substantially in favour of the appellant. (b) Acquiescence--- ---- Acquiescence as legally understood does not take place where its roots and basis are ignorance or unawareness of ones own rights and entitlements. In a country where the rate of literacy is so low and the openness of the administration does not exist the consequential unawareness of the rules, regulations and statutory notifications at times has to be taken note of and necessary consideration for it to be shown. Notwithstanding the mistake that a person committed, if on facts and under the law a benefit pecuniary in nature was available to him the statutory authority should have examined its admissibility on merits, just as by mentioning a wrong provision of the law or addressing the application to an inappropriate officer in the same hierarchy, a person does not lose his right to get a relief under the law. Such mistake should have not weighed so heavily on that person. Acquiescence as legally understood does not take place where its root and basis are ignorance or unawareness of ones own rights and entitlements. JUDGMENT SHAFIUR RAHMAN, J.---Leave to appeal was granted to examine whether the High Court of Sindh had justifiably by its judgment denied relief to the appellant in spite of recording a finding substantially in favour of the appellant. 2. The appellant is a limited company manufacturing textile products at their mill situate in Kotri Sindh. It was established after obtaining permission from the Ministry of Industries on 21-12-1980. On 12-12-1982, the appellant addressed a request to the Director, Textile Commissioners Organizations seeking `No Objection Certificate' for the import of equipments for initial installation. His application mentioned at more than one place the import of machinery for initial installation as would appear from its letter reproduced hereunder:- "ESTABLISHMENT OF AN INDUSTRIAL UNDERTAKING UNDER "PAYEE" SCHEME ISSUANCE OF NO OBJECTION CERTIFICATE FOR THE IMPORT OF EQUIPMENTS…

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