| Citation(s) |
|---|
| 1999 SLG 999 1999 SLD 999 1999 CLC 1443 |
Lahore High Court
Writ Petition No.20297 of 1997, decision dated: 7-04-1999
IHSANUL HAQ CHAUDHRY, J
Zahid Hamid and Abid Aziz Sh. for Petitioner. Rana Muhammad Arif, Addl. A.G. for
Respondent No. 1. Kh. Saeed-uz-Zafar, D.A.G. for
Respondents Nos.2 and 3. Hamid Khan for
Respondents Nos.4 and 5
Writ Petition No.20297 of 1997, decision dated: 7-04-1999
IHSANUL HAQ CHAUDHRY, J
Zahid Hamid and Abid Aziz Sh. for Petitioner. Rana Muhammad Arif, Addl. A.G. for
Respondent No. 1. Kh. Saeed-uz-Zafar, D.A.G. for
Respondents Nos.2 and 3. Hamid Khan for
Respondents Nos.4 and 5
YUMMY MILK PRODUCTS (PVT.) LTD. through Managing DirectorvsGOVERNMENT OF PUNJAB and 4 others
Law:
Section:
(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Locus standi to file---Where the petitioner had made representations to the concerned officials and departments to perform their duties according to relevant law but no reply to the said representation had been received, Constitutional petition relating to such matter would be covered by pro bono publico litigation and anybody could have sought direction to such officials/department to perform their duties under the relevant law. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court ---Scope---Estoppel, waiver and acquiescence---Void order could be challenged any moment and question of estoppel, waiver and acquiescence would not arise. (c) Interpretation of statutes- ---- Statutory rules cannot be modified, supplemented or amended by administrative instructions, letters or circulars. (d) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition ---Laches, waiver, estoppel and acquiescence---All the dictates of justice, equity and balance of legitimate rights are to be considered as laches, waiver, estoppel and acquiescence cannot be equated with statutory bar of limitation. (e) West Pakistan Pure Food Rules, 1965--- --Appendix II, para. 19---"Ice cream"---Definition---Products which are in accordance with the definition given in Pure Food Rules, 1965, Appendix II. tiara. 19 could he marketed and sold as ice cream and none else. (f) West Pakistan Pure Food Ordinance (VII of 1960)--- ----Ss. 6 & 2(i)(vi)---West Pakistan Pure Food Rules, 1965, Appendix Il para.19---"Ice cream"---Definition---Manufacturers and sellers of product containing "vegetable fat" as "ice cream" are guilty of adulteration. (g) West Pakistan Pure Food Rules, 1965--- ----Appendix II, para. 19---West Pakistan Pure Food Rules, 1965, R.35---"Ice cream" ---Product prepared with "vegetable fat" was not to be permitted to be branded as "ice cream"---Need for promulgation of rule relating to "ice cream" emphasized by High Court. (h) West Pakistan Pure Food Ordinance (VII of 1960)--- ----Ss. 6, 8 & 23---Ice cream---Preparation of the cream with "vegetable…
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