Law: Customs House Agents (Licensing) Rules, 1965

Section: 13

(a) Customs House Agents (Licensing) Rules, 1965, rr. 9(1). 13, 14 & 24-Deposit of security, etc., for renewal of licences Existing licence-holders can only ask for fresh licences in terms of 1965 Rules-Rules 13 & 14, apply only to licences issued under 1965 Rules. The petitioners, while applying for renewal of their licences contended that rule 9(1) of Customs House Agents (Licensing) Rules, 1965 was not applicable to the existing licence holders: Held, that there was nothing in the Rules of 1957 and those of 1965 which would support the right sought to be asserted by the petitioners. The High Court had, therefore, rightly held that after expiry of the licences of the petitioners they could not claim any benefit under the repealed rules. By rule 24 the licences issued under the 1957 Rules were kept alive for the un-expired period and in the absence of any clear words in the said rule they could not be treated as licences under the new Rules. In view of the definition of `Licence' in the 1965 Rules the High Court had rightly pointed out that rules 13 and 14 were applicable only to such licences as were issued under the new Rules and not to licences which had been issued under the 1957 Rules. (b) Constitution of Pakistan (1962), Art. 98(4)-Interim order in writ petition-Court should be satisfied before granting stay that impugned order was "clearly in violation of something having the force of law"-[Case of renewal of licence of Clearing Agents under new Customs House Agents (Licensing) Rules, 1965.] Held, that while granting a stay the Court should be satisfied that action or in-action of the authority concerned was clearly in violation of something having the force of law. A person merely by filing a writ petition should not be allowed to gain an advantage to which he may not be entitled. In a proceeding of this extraordinary nature where the High Court exercises power to stay operation of any impugned order or notification, it must exercise that power with great care so that a person may not manage to obtain a direct benefit from the case in contravention of law. JUDGMENT FAZL-E-AKBAR, J.---This order will dispose of 9 Civil Petitions for Special…

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