1992 PLP 1032 (MLD)
SHAMSHUL HAQ‑‑‑Petitioner Versus GOVERNMENT OF PAKISTAN. through the Secretary, Ministry of Finance, Islamabad and 3 others‑‑‑Respondents
| Citation | 1992 PLP 1032 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Nasir Aslam Zahid and Muhammad Hussain Add Khatri, JJ |
| Parties | SHAMSHUL HAQ‑‑‑Petitioner Versus GOVERNMENT OF PAKISTAN. through the Secretary, Ministry of Finance, Islamabad and 3 others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1992 PLP 1032 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP 1032 (MLD)?
The case was heard and decided by the Karachi bench comprising: Nasir Aslam Zahid and Muhammad Hussain Add Khatri, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP 1032 (MLD) (SHAMSHUL HAQ‑‑‑Petitioner Versus GOVERNMENT OF PAKISTAN. through the Secretary, Ministry of Finance, Islamabad and 3 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Nasim A. Farooqui for Petitioner.
- M.L. Shahani for Respondents.
- Date of hearing: 16th May, .1991.
Headnotes / Summary
Customs Act (IV of 1969)‑‑‑ ‑‑‑‑S.31‑A‑‑‑Provisions of S.31‑A, Customs Act, 1969 were not ultra vires the Constitution of Pakistan (1973). Yasin Sons v. Federation of Pakistan PLD 1989 Kar. 361; Akhlaq Ahmed v. Federation of Pakistan 1989 CLC 1475 and AI‑Noor Textile Mills Ltd. v. Superintendent, Central Excise & Land Customs 1990 MLD 914 ref.
Judgment & Decree
NASIR ASLAM ZAHID, J.‑‑‑It is informed by Mr. Nasim A. Farooqui for the petitioner that the main contention in this petition on behalf of the petitioner was that section 31‑A added in Customs Act, was ultra vires of the Constitution. However, according to the learned Counsel, there are several decisions of this Court including the following in which it has been held by this Court that the aforesaid provision is valid and not ultra vires of the Constitution:‑ (a) Yasin Sons v. Federation of Pakistan (PLD 1989 Kar. 361). (b) Akhlaq Ahmed v. Federation of Pakistan (1989 CLC 1475). (c) AI‑Noor Textile Mills Ltd. v. Superintendent, Central Excise & Land Customs (unreported decision dated 12‑12‑1989) (1990 MLD 914) According to the learned counsel, the present petition is covered by the decisions in the aforesaid judgments of this Court. Mr. Nasim A. Farooqui states that, if instructed, he will take the matter before the Supreme Court as leave to appeals have been granted in certain other matters filed by the learned Counsel. Agreeing with the decisions in the aforesaid judgments, we find that there is no merit in this petition which is accordingly dismissed with no order as to costs. H.B.T./S‑799/K Petition dismissed.