PTD 2004

2004 PLP 1178 (PTD)

Messrs ASHRAF SUGAR MILLS LTD. and others Versus GOVERNMENT OF PAKISTAN and others

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Civil Petitions Nos. 1356-L to 1359-L, 1404-L to 1416-L, 1447-L, 1448-L, 1457-L, 1458-L, -1468-L, 1508-L and 1540-L of 2002, decided on 10th February, 2003.
Honorable Judges
Sh. Riaz Ahmad, C.J. and Karamat Nazir Bhandari, J
Case Reference Summary (AEO Optimized)
Citation 2004 PLP 1178 (PTD)
Forum / Court Supreme Court of Pakistan
Bench Members Sh. Riaz Ahmad, C.J. and Karamat Nazir Bhandari, J
Parties Messrs ASHRAF SUGAR MILLS LTD. and others Versus GOVERNMENT OF PAKISTAN and others
Primary Law Central Excises Act (I of 1944)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2004 PLP 1178 (PTD)?

This judgment primarily cites: Central Excises Act (I of 1944) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2004 PLP 1178 (PTD)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Riaz Ahmad, C.J. and Karamat Nazir Bhandari, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2004 PLP 1178 (PTD) (Messrs ASHRAF SUGAR MILLS LTD. and others Versus GOVERNMENT OF PAKISTAN and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Central Excises Act (I of 1944)

Representation

  • Ali Ahmed Awan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners (in C. Ps. Nos. 1356-L to 1359-L of 2002).
  • K.M. Virk, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Petitioners (in C.Ps. Nos. 1404-L to 1416-L of 2002).
  • Shahid Karim, Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Petitioners (in C.Ps. Nos. 1447-L and 1448-L of of 2002).
  • Izharul Haque, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioners (in C.Ps. Nos. 1457-L, 1458-L, 1468-L. 1508-L of 2002).
  • Sheikh Salahuddin, Advocate-on-Record for Petitioner (in C.P. No. 1540-L of 2002).
  • Sh. Maqbool Ahmad, Advocate Supreme Court and C.M. Latif, Advocate-on-Record for Respondents (In C. Ps. Nos. 1405-L, 1410-L, 1414-L to 1416-L and 1508-L of 2002).
  • Tariq Aziz, Advocate Supreme Court for Respondent (in C.P. No. 1407-L of 2002).
  • Date of hearing: 10th February, 2003.

Headnotes / Summary

Ss. 3, 3-C & 12-A

Constitution of Pakistan (1973), Art. 185(3)-- Leave to appeal was granted by Supreme ,Court to consider the effect of its judgments delivered in the cases reported as Messrs Army Welfare Sugar Mills Ltd. v. Federation of Pakistan (1992 SCMR 1652) and Collector Customs/Central Excise, Government of Pakistan v. Bawany Sugar Mills Ltd. (2000 SCMR 1266). Messrs Army Welfare Sugar Mills Ltd. v. Federation of Pakistan 19-92 SCMR 1652 and Collector Customs/Central Excise, Government of Pakistan v. Bawany Sugar Mills Ltd. 2000 SCMR 1266 ref.

Judgment & Decree

SH. RIAZ AHMAD, C. J.

The impugned judgment is being assailed both by the petitioners as well as the Government of Pakistan. The precise question requiring authoritative determination is the effect of two judgments delivered by this Court in the cases reported as. Messrs Army Welfare Sugar Mills Ltd. v. Federation of Pakistan (1992 SCMR 1652) and Collector Customs/Central Excise, Government of Pakistan Bawany Sugar Mills Ltd. (2000 SCMR 1266). In this view of the matter we grant leave to appeal in these cases. Since a short question is involved, therefore, office is directed to fix these appeals within four months at Islamabad. S.A.K./A-408/L Leave granted