| Citation(s) |
|---|
| 1991 SLG 929 1991 SLD 929 1991 SCMR 393 |
Supreme Court of Pakistan
Civil Petitions Nos. 231 /R to 241 /R of 1989, 1056,1057 and1208 of 1988, decision dated: 12-05-1990 (On appeal from thejudgment dated 6-3-1989, 7-3-1989, 1-8-1988 and 10-10-1988of the Lahore High Court, Lahore in Writ Petitions Nos.568to 570, 678 to
MUHAMMAD AFZAL ZILLAH, C.J. AND ABDUL QADEER CHAUDHRY, J
Muhammad Afzal Zillah, CJ. and Abdul Qadeer Chaudhry; J Nemo for
Respondents. Ch. Fazal-i-Hussain,
Civil Petitions Nos. 231 /R to 241 /R of 1989, 1056,1057 and1208 of 1988, decision dated: 12-05-1990 (On appeal from thejudgment dated 6-3-1989, 7-3-1989, 1-8-1988 and 10-10-1988of the Lahore High Court, Lahore in Writ Petitions Nos.568to 570, 678 to
MUHAMMAD AFZAL ZILLAH, C.J. AND ABDUL QADEER CHAUDHRY, J
Muhammad Afzal Zillah, CJ. and Abdul Qadeer Chaudhry; J Nemo for
Respondents. Ch. Fazal-i-Hussain,
FEDERATION OF PAKISTAN and othersPUNJAB STEEL LIMITED and others
Law: Customs Act, 1969
Section: 31
Customs Act (IV of 1969)--S. 31-A [Inserted by Finance Ordinance (1I of 1988)] ---Constitution of Pakistan (1973), Arts. 185(3) & 199---Leave to appeal was granted to consider whether Constitutional petition was competent without availing of the statutory remedies of appeal/revision provided under Customs Act 1969, whether High Court was justified in ignoring the legal effect of three Notifications dated 30-12-1987, issued by the competent Authority and to set aside implementation thereof, whether by insertion of S.31-A by Finance Ordinance, 1988, in the Customs Act, 1969, ratio of of Supreme Court in Al-Samrez Enterprises case reported as 1986 S C M R 1917, was not at all available, as such whether High Court could rely upon said and whether High Court was justified, in the circumstances of case, to dispose of Constitutional petition without affording adequate opportunity to the Federal Government.ORDER MUHAMMAD AFZAL ZULLAH, CJ.--- Leave to appeal has been sought in these petitions; against the acceptance by the High Court, of respondents' Writ Petitions to resolve the following questions:-- "(i) Whether the writ petition was competent without availing of the statutory remedies of…