1994 PLP 2105 (CLC)
TALAT IFTIKHAR and 6 others‑‑‑Petitioners Versus DEPUTY COMMISSIONER/COLLECTOR, LAHORE
| Citation | 1994 PLP 2105 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Malik Muhammad Qayyum, J |
| Parties | TALAT IFTIKHAR and 6 others‑‑‑Petitioners Versus DEPUTY COMMISSIONER/COLLECTOR, LAHORE |
Q1: What are the key laws and sections cited in 1994 PLP 2105 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 2105 (CLC)?
The case was heard and decided by the Lahore bench comprising: Malik Muhammad Qayyum, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 2105 (CLC) (TALAT IFTIKHAR and 6 others‑‑‑Petitioners Versus DEPUTY COMMISSIONER/COLLECTOR, LAHORE). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Amjad Hussain Syed for Petitioner.
- Rana Muhammad Arshad, Addl. A.‑G., Punjab for Respondents.
- Date of hearing: 18th April, 1994.
Headnotes / Summary
(a) Punjab Stamp Rules, 1934‑‑‑ ‑‑‑‑Rr. 29 & 31‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Stamp Vending Licences of petitioners cancelled by Collector on the ground of certain irregularities and violation of terms and conditions of licence‑‑‑Order of cancellation was passed without giving any opportunity to show cause against the proposed action‑‑‑Held, no action detrimental to person could be taken except after complying with the principles of natural justice, the foremost of which was that no person should be condemned unheard‑‑‑Order, in the circumstances was declared to be without lawful authority and of no legal effect. (b) Interpretation of statutes‑ ‑‑‑‑ Even if there be no relevant provision in the statute, the principle of natural justice that no one should be condemned unheard, must be read into the statutory instrument. (c) Natural justice, principles of‑‑ ‑‑‑‑ No action detrimental to a person can be taken except after complying with principles of natural justice.
Judgment & Decree
(c) Natural justice, principles of‑‑ ‑‑‑‑ No action detrimental to a person can be taken except after complying with principles of natural justice. Amjad Hussain Syed for Petitioner. Rana Muhammad Arshad, Addl. A.‑G., Punjab for Respondents. Date of hearing: 18th April, 1994. The petitioners were granted licences for the sale of non judicial and judicial stamps under the Punjab Stamp Rules, 1934. These licences were due to expire on 30th June, 1994 but on 9th April, 1994 respondent No.l has cancelled the stamp vending licences of the petitioners on the ground of certain irregularities and violation of the terms and conditions of the licences which were pointed out by the Inspector of Stamp, Board of Revenue, Punjab, Lahore on 21‑1‑1994. The petitioners have impugned the order of cancellation of their licences by filing this Constitutional petition.
2. The main contention raised by the learned counsel for the petitioners is that the impugned order has been passed without giving any opportunity to the petitioners to show cause against the proposed action. It is also contended that the petitioners were not made aware of the allegations levelled against them nor were they ever confronted with audit and inspection note.
3. The representative of the respondents, who is present alongwith the record, as also the learned Additional Advocate‑General are not in a position to dispute the correctness of the statement made by the learned counsel for the petitioners. It is since long well settled that no action detriment to a person can be taken except after complying with the principles of natural justice, the foremost requirement of which is that no person should be condemned unheard. It is trite law that even if there be no relevant provision in the statute, this principle of natural justice which is ingrained in our legal system, must be read into the statutory instrument.
4. In view of the settled legal position, learned Additional Advocate General is unable to defend the impugned order and request that the respondents be permitted to pass a fresh order after complying with the legal formalities. In view of the above, this petition is allowed the impugned order is declared to be without lawful authority and of no legal effect. It shall be open to the respondents to proceed afresh in the matter after giving an opportunity to the petitioners of being heard. No order as to costs. M.Z.S./T‑77/L Petition allowed.