1992 PLP 448 (CLC)
HASSAN ALI ‑‑‑Petitioner Versus THE DEPUTY CONTROLLER and others‑‑‑Respondents
| Citation | 1992 PLP 448 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Mamoon Kazi and Salahuddin Mirza, JJ |
| Parties | HASSAN ALI ‑‑‑Petitioner Versus THE DEPUTY CONTROLLER and others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1992 PLP 448 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP 448 (CLC)?
The case was heard and decided by the Karachi bench comprising: Mamoon Kazi and Salahuddin Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP 448 (CLC) (HASSAN ALI ‑‑‑Petitioner Versus THE DEPUTY CONTROLLER and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- G.M. Saleem for Petitioner alongwith Qazi Khalid Ali (in C.Ps. Nos.D‑78/86, D‑1330/88, D‑1331 /88, D‑1332/88, D‑1333/88 and D‑897/89).
- Shahanshah Hussain for Petitioner (in C.P.No.D‑1125/86).
- Attaullah Khan for Petitioner (in C.P. No.D‑75/86).
- Ikram Ahmed Ansari, (Standing Counsel for Respondents Nos.1, 2 and 4 (in all the Cases).
- A.A. Muhammadally, A.A.‑G. for Respondent No.3.
- Hisamuddin for Respondents (in C.P. Nos. D‑1331/88 and D‑1333/88).
- Nasar Akbar for Respondents (in C.P. Nos. D‑1330/88 and D‑1332/88).
Headnotes / Summary
(a) Pakistan Hotels and Restaurants Act (LXXXI of 1976)‑‑‑ ‑‑‑‑Ss. 2, 5 & 22‑‑‑Matter of registration of hotels and restaurants to be decided by concerned Authority by taking into consideration viewpoint of owners of' hotels or restaurants‑‑‑Every hotel or restaurant, in order to be made liable for registration must fall within purview of the definition of hotel or restaurant as given in S.2 of the Act LXXXI of 1976. (b) Pakistan Hotels and Restaurants Act (LXXXI of 1976)‑‑‑ ‑‑‑‑Ss. 5 & 22‑‑‑Imposition of penalty for contravening provisions of Pakistan Hotels and Restaurants Act, 1976‑‑‑Order imposing penalty on owners of hotels or restaurants for contravening provisions of Act LXXXI of 1976, must be a speaking order, which must state reasons for taking action against persons concerned‑‑‑Action which had been taken against petitioners, although, appeared to be based on the fact that restaurants or tea shops owned by them were liable for registration, but no reasons were given by respondents for the same ‑‑‑Penalty‑imposed on some of the petitioners when their appeals were pending was not warranted by law. (c) Pakistan Hotels and Restaurants Act (LXXXI of 1976)‑‑‑ ‑‑‑‑Ss. 5 & 22‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Imposition of penalty for non‑registration on hotels and restaurants‑‑‑Such penalty having been imposed in some cases without assigning reasons and in others when their appeals against registration were pending was not warranted by law‑‑‑Case was remanded for taking fresh action in accordance with law.
Judgment & Decree
MAMOON KAZI, J.‑‑‑By this common judgment we propose to dispose of Constitutional Petitions Nos.D‑75/86, D‑77/86, D‑78/86, D‑1330/86, D‑1331/86, D‑1332/86, D‑1333/86, and D‑897/89 as common questions of law are involved therein.
2. The petitioners, who are owners of restaurants or tea shops etc., are aggrieved by the action taken by the respondents under section 5 of the Pakistan Hotels and Restaurants Act, 1976 (Act LXXXI of 1976) read with section 22 of the said Act. It may be pointed out that the said Act which came into force in 1976 provides for measures for controlling and regulating the standard of service and amenities for tourists in hotels and restaurants and all matters ancillary thereto or connected therewith. Section 5 of the said Act provides as follows: _ ?
5. Registration of hotels and restaurants.‑‑‑‑(1) The owner of every hotel and restaurant shall within a period of two months from the commencement of this Act, or from the opening of the hotel or restaurant, or from the date on which this Act becomes