Law: Imports and Exports (Control) Act, 1950

Section: 3,3(1)

(a) Imports and Exports (Control) Act (XXXIX of 1950)--S.3(1)---Past performance of exporter---Allocation of quota on the basis of past performance---Unlawful denial of available quota to exporter in previous year---Right of exporter to claim adjustment---Damage caused to business of exporter due to such denial---Remedy of exporter---Principles. An exporter would be entitled to quantum of quota earned on basis of past performance. At the same time, the quantum unlawfully denied need not be granted immediately upon declaration of denial invalid, but needs to be staggered over a reasonable period of time, so as to facilitate the authorities in making adjustments due to the overall limitation of available quota as well as to enable such exporter to procure the goods within a reasonable time. At the same time, when it is not possible to compensate the exporter for the damage caused to his business for proceedings like the present one, he may be free to move an appropriate Civil Court. 1994 SCMR 859 ref. (b) Practice and procedure--- ---- Person is not entitled to any premium over his wrongful acts. (c) Administration of justice--- ---- Public powers have to be exercised fairly and honestly. (d) Administration of justice--- ---- Act of Court should prejudice no one. JUDGMENT SABIHUDDIN AHMED, J.---After having heard learned counsel, we had announced a short order in Court allowing the petition to the extent that the respondent No.2 was directed to issue the requisite quota which was deducted on the ground of the allegations of having shipped goods against five forged visas during the calendar year 2003. However, before detailed reasons could be recorded an application for review was submitted on behalf of the respondents wherein it was pointed out that while passing the aforesaid order we had omitted to consider the conclusions recorded by the Honourable Supreme Court in its subsequent order dated 5-5-1996 on C.M.As. 107-K of 1995 and 165-K of 1995 in Civil Appeals Nos.242 and 243 of 1992 to the following effect:-- "We would direct respondents to restore Qaisar Shafiullah's above entitlement for 61470 dozens after adjusting 3543 dozens without any further delay." 2.…

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