Law:

Section:

(a) Law Reforms Ordinance (XII of 1972)-------S. 3---Intra-Court appeal---Maintainability---Single Judge of High Court dismissed the Constitutional petition in view of a case decided by Supreme Court which was subsequently set aside by Supreme Court in review proceedings---Judgment of Single Judge, in circumstlan7es, was not in accordance with law as laid down by the Supreme Court in the review petition---Bar contained in proviso to S.3 of Law Reforms Ordinance, 1972 was not attracted in the case. Government of Pakistan through Ministry of Finance and Economic Affairs and another v. Facto Belarus Tractors Limited 2000 SCMR 112 and Pir Bakhsh's case PLD 1987 SC 145 ref. (b) Estoppel--- ----Question of estoppel would not arise against the law. ORDER We intend to decide the following Intra-Court Appeals by a single judgment having similar question of facts and law: Intra-Court Appeal No.552 of 2002 and Intra-Court Appeal No.551 of 2000. 2. The brief facts out of which these appeals arise are that the ­appellants filed Constitutional Petition No.28300 of 1997 and Writ Petition No.21954 of 1997 with the following prayer:-- "Wherefore , it is respectfully prayed that the respondents Nos.1 and 2 may be restrained from attempting to withdraw or amend the concessions granted under the second phase of the Awami Tractor Scheme insofar as they relate to the import of 2,000 tractors by the petitioner as per authorization granted to the petitioner under S.R.O. No.92(1)/94. It is further prayed that the respondents Nos. l and 2 may be directed not to impose any further Customs Duty, Sales Tax, Regulatory Duty, Service Charge and any other tax or duty on the 2,000 tractors being imported by the petitioner in the public interest. Any other relief which this Honourable Court may find just and necessary may also be granted. The learned Single Judge dismissed the writ petitions in view of the law laid down by the Honourable Supreme. Court in the case of Government of Pakistan through Ministry of Finance and Economic Affairs and another v. Facto Belarus Tractors Limited 2000 SCMR 112. The appellant being aggrieved filed this Intra-Court Appeal. 2. The learned counsel of the…

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