1968 PLP 450 (SCMR)
Haji GHULAM MUHAMMAD-Petitioner Versus THE DEPUTY COMMISSIONER, KARACHI AND ANOTHER-Respondents
| Citation | 1968 PLP 450 (SCMR) |
| Forum / Court | High Court |
| Bench Members | A. R. Cornelius, C. J. and Fazle-Akbar, J |
| Parties | Haji GHULAM MUHAMMAD-Petitioner Versus THE DEPUTY COMMISSIONER, KARACHI AND ANOTHER-Respondents |
Q1: What are the key laws and sections cited in 1968 PLP 450 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 PLP 450 (SCMR)?
The case was heard and decided by the High Court bench comprising: A. R. Cornelius, C. J. and Fazle-Akbar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 PLP 450 (SCMR) (Haji GHULAM MUHAMMAD-Petitioner Versus THE DEPUTY COMMISSIONER, KARACHI AND ANOTHER-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- S. Sami Ahmad, Advocate Supreme Court instructed by Ali Akbar, Attorney for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 23rd January 1968, in Petition No. 567 of 1967). Basic Democracies Order, 1959, Art. 60-Octroi-Imposition notified by Deputy Commissioner in official Gazette-No authentica tion of such notification by or on behalf of Provincial Government necessary.
Judgment & Decree
CORNELIUS, C. J.-The petitioner Haji Ghulam Muhammad moved a writ petition in the High Court challenging the imposition of octroi by the Landhi Union Council upon fodder brought within its territory. The writ petition was admitted and ad interim order staying recovery of the octroi was made. Later, the High Court vacated the stay order on two grounds, viz. (1) that the notification imposing the octroi was "allegedly issued", and (2) "recoveries of (octroi) due before 29-12-67 the date on which notification had been published have already been made." Leave is sought to appeal against this order. A copy of the notification has been placed on the paper-book. It was issued by the Deputy Commissioner, who is the competent authority. It is dated the 4th November 1967, and purports to impose the octroi with effect from the 10th November 1967. It was published in the Gazette of the 29th December 1967. If there is a flaw in the recovery of the octroi with effect from the 10th November 1967, that will no doubt be examined by the Bench of the High Court dealing with the writ petition. But, prima facie, the recovery of the tax, at least from the 29th December 1967, onwards would appear to be valid. Mr. Sami Ahmad appeared to be of the view that the notifica tion required to be authenticated by or on behalf of the Provincial 4 Government. There is no basis for such a contention. The Deputy Commissioner, who issued the notification in the Gazette was competent to do so. The petition is dismissed. Petition dismissed.