| Citation(s) |
|---|
| 2003 SLG 3316 2003 SLD 3316 2003 PLD 531 |
Lahore High Court
Writ Petition No. 1959 of 1996, heard on 4th April, 2003
TANVIR BASHIR ANSARI, J
Islamabad Club v. Punjab Labour Court No. 2 and others PLD 1981 SC 81 applied. Raja Muhammad Akram for Petitioner. Syed Sajjad Hussain Shah, A.A.G. and Sh. Zamir Hussain for
Respondents
Writ Petition No. 1959 of 1996, heard on 4th April, 2003
TANVIR BASHIR ANSARI, J
Islamabad Club v. Punjab Labour Court No. 2 and others PLD 1981 SC 81 applied. Raja Muhammad Akram for Petitioner. Syed Sajjad Hussain Shah, A.A.G. and Sh. Zamir Hussain for
Respondents
Messrs FECTO CEMENT LTD.
VS
FEDERATION OF PAKISTAN and others
Law:
Section:
West Pakistan Finance Act (XXXIV of 1964)-------S. 13(1)---Punjab Finance Ordinance (XIII of 1978). S. 5---Province of West Pakistan (Dissolution) Order (P.O. 1 of 1970), Art. 19, --- Constitution of Pakistan (1962), Arts. 131 & 132---Constitution of Pakistan (1973), Arts.268 & 199---Constitutional petition---Levy of Electricity Duty to the territory comprising Islamabad---Validity---West Pakistan Finance Act. 1964 including its charging S.13 was an existing law both for the purposes of the Province of West Pakistan (Dissolution) Order, 1970 and Art.268, Constitution of Pakistan (1973) and Federal Legislature had not brought about any adaptation, alteration, repeal or amendment in S.13(1) of-the West Pakistan Finance Act, 1964 and the amendment of West Pakistan Finance Act, 1964 through the Punjab Finance Ordinance, 1978 had also not adversely affected its applicability to .Islamabad Capital Territory---Incidence of the levy of Electricity Duty through the West Pakistan Finance Act, 1964, therefore, remained unaffected in its application to the Islamabad Capital Territory---Principles. All existing laws on the date of Dissolution of West Pakistan were to remain in operation until altered, repealed/or modified by the competent Legislatures. The promulgation of West Pakistan Finance Act (XXXIV of 1964 was not violative of Article 131 or 132 of the Constitution of Pakistan (1962). Thus the levy of Electricity Duty with effect from the 1st day of July, 1964 in all the territories that comprised the erstwhile West Pakistan Province did not suffer from being un-Constitutional. The provisions of the West Pakistan Finance Act of 1964 would certainly fall within the category of "existing laws" and shall continue to remain in force in the Islamabad Capital Territory unless altered or amended by the competent Legislature. The reference to Article 268 of the Constitution of Islamic Republic of Pakistan, 1973 would not be relevant. The West Pakistan Finance Act of 1964 including the charging section 13 was the existing law both for the purposes of the Province of West Pakistan (Dissolution) Order, 1970 and Article 268 of the Constitution of Islamic Republic of…
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