| Citation(s) |
|---|
| 1970 SLG 262 1970 SLD 262 1970 SCMR 237 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 126-D of 1968, decision dated: 7th March 1969
ABDUS SATTAR AND M. R. KHAN, JJ
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Civil Petition for Special Leave to Appeal No. 126-D of 1968, decision dated: 7th March 1969
ABDUS SATTAR AND M. R. KHAN, JJ
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YOUNUS SATTAR AND anothers
VS
THE ASSISTANT COLLECTOR OF CENTRAL EXCISE AND LAND CUSTOMS, KHVLNA AND 5 others--Respondents
Law:
Section:
Sea Customs Act (VIII of 1878), S. 23-Certain notifications under S. 23 impugned in writ petition on ground that they were violative of Arts. 2, 48 & 225 of Constitution of Pakistan (1962)-High Court summarily dismissing petition-Special Leave to Appeal granted by Supreme Court to consider propriety of High Court's order. A. M. Haidermota, Advocate Supreme Court instructed by Abdur Rub II, Attorney for Petitioners. Nemo for Respondents. Date of hearing : 7th March 1969. ORDER ABDUS SATTAR, J.-The petitioners filed a writ petition under Article 98 of the Constitution in the High Court of East Pakistan, calling in question a number of notifications issued under section 23 of the Sea Customs Act, on the grounds inter alia that they were violative of Articles 2, 48 and 225 of the Constitution and that they were issued to give benefit to the Batala Engineering Company. The writ petition was filed after the petitioners had failed to get relief in departmental proceedings by way of appeal and revision. The order in revision was passed on 12-1-1968 and the writ petition was filed on the 14th' of April 1968. The petitioners prayed that oh declaration that the notifications had been issued without any lawful authority the respondents should be directed to refund to the petitioners duties and taxes realised on the basis of the same. The writ petition was dismissed on the grounds that the relief of…
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