| Citation(s) |
|---|
| 1994 SLG 1173 1994 SLD 1173 1994 CLC 2105 |
Lahore High Court
Writ Petition No. 4181 of 1994, heard on 18-04-1994
MALIK MUHAMMAD QAYYUM, J
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Writ Petition No. 4181 of 1994, heard on 18-04-1994
MALIK MUHAMMAD QAYYUM, J
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TALAT IFTIKHAR and 6 others
VS
DEPUTY COMMISSIONER/COLLECTOR, Lahore High Court and 3 others
Law:
Section:
(a) Punjab Stamp Rules, 1934-------Rr. 29 & 31---Constitution of Pakistan (1973), Art. 199---Stamp Vending Licences of petitioners cancelled by Collector on the ground of certain irregularities and violation of terms and conditions of licence---Order of cancellation was passed without giving any opportunity to show cause against the proposed action---Held, no action detrimental to person could be taken except after complying with the principles of natural justice, the foremost of which was that no person should be condemned unheard---Order, in the circumstances was declared to be without lawful authority and of no legal effect. (b) Interpretation of statutes- ---- Even if there be no relevant provision in the statute, the principle of natural justice that no one should be condemned unheard, must be read into the statutory instrument. (c) Natural justice, principles of-- ---- No action detrimental to a person can be taken except after complying with principles of natural justice. Amjad Hussain Syed for Petitioner. Rana Muhammad Arshad, Addl. A.-G., Punjab for Respondents. Date of hearing: 18th April, 1994. JUDGMENT The petitioners were granted licences for the sale of non judicial and judicial stamps under the Punjab Stamp Rules, 1934. These licences were due to expire on 30th June, 1994 but on 9th April, 1994 respondent No.l has cancelled the stamp vending licences of the petitioners on the ground of certain irregularities and violation of the terms and conditions of the licences which were pointed out by the Inspector of Stamp, Board of Revenue, Punjab, Lahore on 21-1-1994. The petitioners have impugned the order of cancellation of their licences by filing this Constitutional petition. 2. The main contention raised by the learned counsel for the petitioners is that the impugned…
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