1986 PLP 836 (SCMR)
Messrs AYESHA TEXTILE MILLS Ltd. — Appellant Versus GOVERNMENT OF PAKISTAN through Secretary, Ministry of Commerce, Islamabad and others — Respondents
| Citation | 1986 PLP 836 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Haleem, C.J., Shafiur Rahnman, Zaffar Hussain Mirza and Mian Burhanuddin Khan, JJ |
| Parties | Messrs AYESHA TEXTILE MILLS Ltd. — Appellant Versus GOVERNMENT OF PAKISTAN through Secretary, Ministry of Commerce, Islamabad and others — Respondents |
| Primary Law | (a) War Risk Insurance Ordinance (XXXII of 1971), (b) Precedent |
Q1: What are the key laws and sections cited in 1986 PLP 836 (SCMR)?
This judgment primarily cites: (a) War Risk Insurance Ordinance (XXXII of 1971), (b) Precedent as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 836 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Haleem, C.J., Shafiur Rahnman, Zaffar Hussain Mirza and Mian Burhanuddin Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 836 (SCMR) (Messrs AYESHA TEXTILE MILLS Ltd. — Appellant Versus GOVERNMENT OF PAKISTAN through Secretary, Ministry of Commerce, Islamabad and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Riaz Kayani, Advocate Supreme Court and Rana M.A. Qadri, Advocate-on-Record (absent) for Appellant.
- Munir A. Shaikh, Deputy Attorney-General and Ch. Fazel Hussain, Advocate-on-Record (absent) for Respondent No. 2.
- Date of hearing: 10th February, 1986.
- Riaz Kayani, Advocate Supreme Court and Rana M.A. Qadri, Advocate‑on‑Record (absent) for Appellant.
- Munir A. Shaikh, Deputy Attorney‑General and Ch. Fazel Hussain, Advocate‑on‑Record (absent) for Respondent No. 2.
Headnotes / Summary
(On appeal from the Judgment and Order, dated 17-1-1977 passed by the Lahore High Court in Writ Petitions Nos. 3146 and 3147 of 1975).
S. 5--Assessment by Enquiry Officer--Impugned in writ jurisdiction without filing appeals before competent authority--Writ petitions dismissed--Supreme Court remanded case to appellate authority for decision on merits on analogy of a case remanded earlier. Pakistan Chrome Mines Ltd. v. The Enquiry Officer, War Risk Insurance (Sind and Baluchistan), Ministry of Commerce 1983 S C M R 1208 ref.
Supreme Court remanding appeal on analogy of another case remanded earlier. Pakistan Chrome Mines Ltd. v. The Enquiry Officer, War Risk Insurance (Sind and Baluchistan), Ministry of Commerce 1983 S C NJ R 1208 ref. Remaining Respondents: Ex parte.
Judgment & Decree
MUHAMMAD HALEEM, C.J.‑‑In these appeals, by orders dated 30‑1‑1974 and 25‑9‑1975, the Enquiry Officer acting under the War Risks Insurance Ordinance, 1971, assessed the insurable value of the goods and the factory and ordered the payment of Rs.13,024.06 and Rs.5,68,528.28 respectively as evaded premium, surcharge and penal interest. Without filing an appeal against this order, the petitioner impugned the assessment order in writ jurisdiction of the Lahore High Court, Lahore, by two separate constitution petitions, but did not succeed as these were dismissed by judgment, dated 17th of January, 1977. Today when these appeals came up for hearing, the counsel for the parties stated that in a like case reported as Pakistan Chrome Mines Ltd v. The Enquiry Officer, War Risk Insurance (Sind and Baluchistan) Ministry of Commerce 1983 S C M R 1208, as no appeal was filed against the order of the Enquiry Officer, the case was remanded to the appellate authority for decision, and that the same course should be followed so far as these appeals are concerned. Accordingly, we would remand these appeals to the appellate authority (Ministry of Commerce, Insurance Wing, Government of Pakistan, Islamabad) for decision on merits, and for that matter the constitution petitions in the High Court should be treated as appeals against the orders of the Enquiry Officer. There will be no order as to costs. M. I. ` Order accordingly