1989 PLP 2202 (MLD)
AHMED COTTON GINNING AND PRESSING FACTORY — Petitioner Versus COTTON TRADING CORPORATION OF PAKISTAN and others- Respondents
| Citation | 1989 PLP 2202 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Ajmal Mian, CJ. and Abdul Rahim Kazi, J |
| Parties | AHMED COTTON GINNING AND PRESSING FACTORY — Petitioner Versus COTTON TRADING CORPORATION OF PAKISTAN and others- Respondents |
| Primary Law | West Pakistan Land Revenue Act (XVII of 1967) |
Q1: What are the key laws and sections cited in 1989 PLP 2202 (MLD)?
This judgment primarily cites: West Pakistan Land Revenue Act (XVII of 1967) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 2202 (MLD)?
The case was heard and decided by the Karachi bench comprising: Ajmal Mian, CJ. and Abdul Rahim Kazi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 2202 (MLD) (AHMED COTTON GINNING AND PRESSING FACTORY — Petitioner Versus COTTON TRADING CORPORATION OF PAKISTAN and others- Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Muzaffar-ul-Haque for Petitioner.
- Fasihuddin Ahmed for Respondents.
- Date of hearing: 30th November, 1988.
Headnotes / Summary
S. 80--Recovery proceedings--Claimant authority had not filed any document to indicate that amount claimed by him from petitioner was factually determined by any competent forum--Recovery proceedings of such an amount as arrears of land revenue initiated by the Authority thus were illegal.
Judgment & Decree
AJMAL MIAN, C. J.--This petition is directed against the recovery proceedings of the alleged dues as arrears of land revenue initiated by respondent No. 3 at the behest of respondent No.
2. The petitioner was the owner of a cotton ginning factory which was nationalized and thereafter was denationalized. Upon denationalization, the respondent No. 2 had come out with a claim of Rs. 55,105.70. The above claim was resisted by the petitioner. After that the above proceedings were initiated for recovering the alleged dues as the amount of arrears of land revenue. It is a well-settled principle of law by now that the due amount means an amount determined by a competent forum. In the instant case, the respondents have not filed any document to indicate that the above due amount was factually determined by the Federal Government to whom the dispute was referred to by the petitioner in terms of the Denationalization Cotton Ginning Control & Development (Repeal) Ordinance, 1977.
2. We would, therefore, allow the above petition and declare the impugned proceedings as being without lawful authority and of no legal effect. However, it will be open to the respondents to initiate appropriate legal proceeding after the amount is determined by respondent No. 1 after hearing the petitioner. The petition stands disposed of with no order as to costs. H.B.T./A-589/K Petition allowed.