Law: Imports and Exports (Control) Act, 1950

Section: 3

(a) Import and Export (Control) Act (XXXIX of 1950)---S.3---Constitution of - Pakistan (1973), Art. 199---Constitutional petition---Export of cotton---Conditions and requirements for---Principle of approbate and reprobate---Federal Government decided to allow Private Sector Exporters to export raw cotton which was within the exclusive domain of Cotton Export Corporation and laid down certain conditions' and procedure which was to be followed by Private Sector Exporters for exporting cotton--petitioners, without any protest or objection or reservation, agreed to abide by said conditions and to follow the procedure laid down for exporting cotton---Effect---Once petitioners had submitted themselves to and had Agreed to abide by conditions as well as the procedure laid down for exporting cotton, they would be precluded from challenging the vires,- legality or reasonableness of various Notifications and public notices issued by Government relating to control of export of cotton by Private Sector Exporters---Petitioners by submitting to the provisions of the Notifications and public notices, had waived all their rights .which they might have possessed to challenge the vires legality and reasonableness of Notifications and public notices---Petitioners, who had entered into contracts fully ­knowing the requirements which they were called upon to fulfill, could not challenge Notifications issued in that respect---Law did not permit a person to approbate and reprobate; meaning thereby that a person could not be allowed to change his stand or take wavering positions in respect of transactions which had been entered into by him and he would be compelled by law to stick to one stand--­Petitioners having agree' with the conditions and having chosen to follow , the procedure laid down for regulating export, had made their intentions clear in accepting the conditions and the procedure--­Subsequently, on account of any loss or adverse circumstances they could not be permitted to take a different stand and challenge the vires, legality or the reasonableness of the conditions and procedure. (b) Constitution of Pakistan (1973)--- ----Art.199---Constitutional jurisdiction of 'High…

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