Register
MLD 1988

1988 PLP 75 (MLD)

LIMITED‑‑Petitioner Versus GOVERNMENT OF PAKISTAN through Secretary, Ministry of Commerce Pakistan Islamabad and another‑‑Respondents

Jurisdiction / Court
Karachi
Decided Date
Constitutional Petition No. 1557 and Miscellaneous Application No. 3221 of 1987, decided on 12th January, 1988.
Honorable Judges
Saeeduzzaman Siddiqui and Mamoon Kazi, JJ
Case Reference Summary (AEO Optimized)
Citation 1988 PLP 75 (MLD)
Forum / Court Karachi
Bench Members Saeeduzzaman Siddiqui and Mamoon Kazi, JJ
Parties LIMITED‑‑Petitioner Versus GOVERNMENT OF PAKISTAN through Secretary, Ministry of Commerce Pakistan Islamabad and another‑‑Respondents
Primary Law Imports and Exports (Control) Act (XXXIX of 1950)‑‑, ‑‑‑S.3‑‑Import Policy (1987‑90), para. 6.1.‑‑Import of tyres and tubes of Tractors under free list‑‑Objection to‑‑Paragraph 6.1 of Import Policy for years 1987‑90 specifically mentioned that items not covered in Chaps. 3,4 & 5 of Import Policy would be considered to be freely importable‑‑Tyres and tubes of Tractors neither mentioned in the said Chapters nor in negative list of import policy‑‑Import of such items under free list, held, would not amount to contravention of Import Policy‑‑Contentions, firstly that as import of tyres and tubes of tractors under free list was banned, therefore, by allowing import of such items under free list, authorities would frustrate the very object of deletion programme and Import Policy which was aimed at indigenousness of the imported items, secondly, such act of authorities would amount to doing something indirectly which could not be done lawfully directly and lastly, that petitioner had been discriminated against by authorities by issuance of licence in that respect to other importers as he being a registered importer was deprived of such licence, were repelled being baseless.
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1988 PLP 75 (MLD)?

This judgment primarily cites: Imports and Exports (Control) Act (XXXIX of 1950)‑‑, ‑‑‑S.3‑‑Import Policy (1987‑90), para. 6.1.‑‑Import of tyres and tubes of Tractors under free list‑‑Objection to‑‑Paragraph 6.1 of Import Policy for years 1987‑90 specifically mentioned that items not covered in Chaps. 3,4 & 5 of Import Policy would be considered to be freely importable‑‑Tyres and tubes of Tractors neither mentioned in the said Chapters nor in negative list of import policy‑‑Import of such items under free list, held, would not amount to contravention of Import Policy‑‑Contentions, firstly that as import of tyres and tubes of tractors under free list was banned, therefore, by allowing import of such items under free list, authorities would frustrate the very object of deletion programme and Import Policy which was aimed at indigenousness of the imported items, secondly, such act of authorities would amount to doing something indirectly which could not be done lawfully directly and lastly, that petitioner had been discriminated against by authorities by issuance of licence in that respect to other importers as he being a registered importer was deprived of such licence, were repelled being baseless. as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1988 PLP 75 (MLD)?

The case was heard and decided by the Karachi bench comprising: Saeeduzzaman Siddiqui and Mamoon Kazi, JJ.

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

Cite this legal precedent as: 1988 PLP 75 (MLD) (LIMITED‑‑Petitioner Versus GOVERNMENT OF PAKISTAN through Secretary, Ministry of Commerce Pakistan Islamabad and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Imports and Exports (Control) Act (XXXIX of 1950)‑‑ ‑‑‑S.3‑‑Import Policy (1987‑90), para. 6.1.‑‑Import of tyres and tubes of Tractors under free list‑‑Objection to‑‑Paragraph 6.1 of Import Policy for years 1987‑90 specifically mentioned that items not covered in Chaps. 3,4 & 5 of Import Policy would be considered to be freely importable‑‑Tyres and tubes of Tractors neither mentioned in the said Chapters nor in negative list of import policy‑‑Import of such items under free list, held, would not amount to contravention of Import Policy‑‑Contentions, firstly that as import of tyres and tubes of tractors under free list was banned, therefore, by allowing import of such items under free list, authorities would frustrate the very object of deletion programme and Import Policy which was aimed at indigenousness of the imported items, secondly, such act of authorities would amount to doing something indirectly which could not be done lawfully directly and lastly, that petitioner had been discriminated against by authorities by issuance of licence in that respect to other importers as he being a registered importer was deprived of such licence, were repelled being baseless.

Representation

  • Iqbal Haider for Petitioner.

Legal Tools

Metadata Directory

  • Journal: MLD
  • Volume Year: 1988
  • Citation Ref: 1988 PLP 75 (MLD)

Cite & Link (Backlink Generator)

Are you writing a blog or referencing this case? Copy the optimized HTML link below to cite this judgment on your website and create a legal backlink:

HTML Backlink Code:
Text Citation:

Related Judgments

  • 1988 M L D 1792 THE STATE‑‑Prosecutor Versus MUHAMMAD SHAFI‑‑Accused
  • 1988 M L D 1699 THE STATE‑‑Prosecutor Versus SIKANDAR HAYAT and another‑‑Accused
  • 1988 M L D 950 NASEER AHMAD‑‑Petitioner Versus THE STATE‑‑Respondent
  • 1988 M L D 1787 ABDUL HAMID and others‑‑Petitioners Versus SHARIF HUSSAIN and others‑‑Respondents
  • 1988 M L D 1751 Syed IFTIKHAR HUSSAIN GILLANI‑‑Appellant Versus Saith SAIFULLAH KHAN‑‑Respondent
  • 1988 M L D 1504 MUSHTAQ AHMAD‑‑Petitioner Versus THE STATE‑‑Respondent