| Citation(s) |
|---|
| 1994 SLG 413 1994 SLD 413 1994 PLD 621 |
Supreme Court of Pakistan
Constitutional Petitions Nos. 28, 32 of 1993, 1, 3, 13 and16 of 1994, Human Rights Cases Nos. 274 of 1993 and 1 of1994, decision dated: 5-04-1994. Per Saeeduzzaman Siddique,J.; Nasim Hasan Shah, CJ. and Abdul Qadeer Chaudhry, d.agreeing--
NASIM HASSAN SHAH, C.J., ABDUL QADEER CHAUDHRY, AJMAL MIAN, SAEEDUZZAMAN SIDDIQUI AND WALI MUHAMMAD KHAN, JJ
Abdul Hafeez Pirzada, Senior Advocate Supreme Court, Sh.Mujeebur Rehman, Advocate Supreme Court, Mrs. Majida Razvi, Advocate-on=Record and MA. Siddiqui, Advocate Supreme Court (in C.P. 1lo. 28 of 1993).Aitzaz Ahsan, Advocate Supreme Court and Ch. Akhtar
Constitutional Petitions Nos. 28, 32 of 1993, 1, 3, 13 and16 of 1994, Human Rights Cases Nos. 274 of 1993 and 1 of1994, decision dated: 5-04-1994. Per Saeeduzzaman Siddique,J.; Nasim Hasan Shah, CJ. and Abdul Qadeer Chaudhry, d.agreeing--
NASIM HASSAN SHAH, C.J., ABDUL QADEER CHAUDHRY, AJMAL MIAN, SAEEDUZZAMAN SIDDIQUI AND WALI MUHAMMAD KHAN, JJ
Abdul Hafeez Pirzada, Senior Advocate Supreme Court, Sh.Mujeebur Rehman, Advocate Supreme Court, Mrs. Majida Razvi, Advocate-on=Record and MA. Siddiqui, Advocate Supreme Court (in C.P. 1lo. 28 of 1993).Aitzaz Ahsan, Advocate Supreme Court and Ch. Akhtar
Syed WASEY ZAFAR and 4 othersvsGOVERNMENT OF PAKISTAN through Secretary, Financeand others
Law:
Section:
(a) Constitution of Pakistan (1973)-------Art. 184 (3) & Part II, Chap. 1---Customs Act (IV of 1969), S. 19---S.R.O. No.1046(I)/91 dated 14-10-1991---S.R.O. No.251(I)/93 dated 3-4-1993--S.R.O. No.493(I)/93 dated 14-6-1993---S.R.O. No.815(I)/93 dated 16-9-1993--S.R.O. No.825(I)/93 dated 20-9-1993---Customs General Order No. 13 of 1993---Constitutional petition before Supreme Court---Maintainability---Relief which the petitioners had asked against the Government and the Banks was on the basis of the rights which they claimed to have acquired as a result of the representation made to them by a scheme of the Government and on which they acted in good faith---Petitioner thus claimed that Banks be compelled to contribute 90 per cent. of loan component promised under the said Government scheme and on account of Government's representation in the form of said scheme petitioner acquired a vested right to avail the concession in accordance with said scheme---H 1 grant of reliefs prayed for did not require enforcement of any of Fundamental Rights mentioned in Chap. I of Part II of the Constitution of Pakistan and as such to the extent of such reliefs, Constitutional petitions under Art. 184(3) of the Constitution before Supreme Court were not maintainable. [p. 631] A (b) Constitution of Pakistan (1973)--- ----Arts. 184(3), 18 & 23---Sale of Goods Act (III of 1930), S.23---Customs Act (IV of 1969), S.19---S.R.O. No.1046(1)/91 dated 14-10-1991---S.R.O. No.251(I)/93 dated 3-4-1993---S.R.O. No.493(I)/93 dated 14-6-1993---S.R.O. No.815(1)/93 dated 16-9-1993---S.R.O. No.825(I)/93 dated 20-9-1993--Customs General Order No. 13 of 1993---Sale of unascertained goods and appropriation---Constitutional petition before Supreme Court by petitioners under a Government Scheme---When the goods were put on board for shipment to the petitioners and the Bill of Lading and invoices were drawn in their names the, property in the goods passed to the petitioners and the only right which the seller possessed in respect of these goods was the right to claim the balance price of the goods from petitioners---Held, to the extent the right of petitioners to dispose of the imported goods in…
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