Case Details

Citation(s)
2005 SLG 1584 2005 SLD 1584 2005 CLD 565
Sindh High Court
Civil Revision Application No.238 of 2000, decision dated: 10-01-2005.
MUHAMMAD MUJEEBULLAH SIDDIQUI, J
S.M. Yaqoob for Applicant. Aamir Maqsood for
Respondent.

S.M. YAQOOB --Applicant

VS

. PAK SUZUKI MOTOR CO. LTD. through Managing Director/ Chief Executive, Karachi High Court --Respondent

Law:

Section:

(a) Interpretation of statutes Fiscal statutes Not applicable to past and closed chapter and concluded transactions Such statutes are prospective in nature, unless specifically provided otherwise Principles illustrated. (b) Sale of Goods Act (III of 1930) S.9 Enhancement or reduction in price after supply of car to the buyer Effect Neither seller in case of enhancement would have right to claim difference in price from buyer nor buyer in case of reduction would be entitled to claim such benefit Any subsequent change in price would not affect such transaction. JUDGMENT This revision application is directed against the judgment and decree passed by the learned IInd Additional District Judge, Karachi (West) dated 24 8 2000 and 30 8 2000 respectively in Civil Appeal No.57 of 1999. 2. The revision application was admitted to consider the point whether the applicant is entitled to the benefit of S.R.O. No.107(I)/94 dated 2 2 1994, whereby the rate of taxes and duty were lowered down by the Government. 3. The learned Advocates for the parties have submitted their written arguments and have not addressed any oral arguments. They requested that the revision application be decided on the basis of written arguments submitted by them. 4. Briefly stated the relevant facts as contained in the memo. of revision application are that the applicant booked a Suzuki Margalla Standard Car at the Provisional Price of Rs.2,88,000 through one of the Authorized Dealers of the respondent and paid the advance amount of Rs.60,000 on 6 10 1992. No date was fixed for delivery of the car. In September, 1993, the applicant came across an advertisement for delivery of some ears by the respondent and he made inquiry from the Dealer who informed that the applicant shall be supplied the car somewhere in the month of June 1994. It is further alleged that the respondent and other manufacturers/assemblers of Cars were negotiating with the Federal Government for reduction of Sales Tax and ban on import of used cars in Pakistan. It is also alleged that the issuance of notification by the Government got delayed by the respondent and other manufacturers in order to extract extra money from the public.…
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