2011 PLP 1950 (SCMR)
Messrs PUNJAB SUGAR MILLS — Petitioner Versus GOVERNMENT OF PUNJAB and others — Respondents
| Citation | 2011 PLP 1950 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Sair Ali and Khilji Arif Hussain, JJ |
| Parties | Messrs PUNJAB SUGAR MILLS — Petitioner Versus GOVERNMENT OF PUNJAB and others — Respondents |
| Primary Law | Punjab Industries (Control on Establishment and Enlargement) Ordinance (IV of 1963) |
Q1: What are the key laws and sections cited in 2011 PLP 1950 (SCMR)?
This judgment primarily cites: Punjab Industries (Control on Establishment and Enlargement) Ordinance (IV of 1963) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP 1950 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Sair Ali and Khilji Arif Hussain, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 1950 (SCMR) (Messrs PUNJAB SUGAR MILLS — Petitioner Versus GOVERNMENT OF PUNJAB and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.S. Baqir, Advocate Supreme Court and Faiz-ur-Rehman, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 17th June, 2011.
- MUHAMMAD SAIR ALI, J.---After hearing Mr. M. S. Baqir, learned Advocate Supreme Court for the petitioner in detail, we grant leave to inter alia consider the following questions:--
Headnotes / Summary
(On appeal against the judgment dated 26-5-2008 passed by Lahore High Court, Lahore in I.C.A. No. 130 of 2008).
Ss. 3, 7 & 11
Law Reforms Ordinance (XII of 1972), S. 3(2), proviso
Constitution of Pakistan, Art. 185(3)
Leave to appeal was granted by Supreme Court to consider; whether on issuance of notification under S.11 of Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963, exempting sugar mills from the provisions of the Ordinance, could High Court hold that provisions of appeal/revision under S. 7 of Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963, were applicable to the petitioner company to debar it from filing Intra Court Appeal; whether in absence of original order or an order arising from proceedings of the nature stated in proviso to S.3(2) of Law Reforms Ordinance, 1972 was petitioner's Intra Court Appeal incompetent under the proviso; and whether judgment passed by of High Court suffered from defect of being a non-speaking judgment.
Judgment & Decree
MUHAMMAD SAIR ALI, J.
After hearing Mr. M. S. Baqir, learned Advocate Supreme Court for the petitioner in detail, we grant leave to inter alia consider the following questions:-- (i) On issuance of notification under section 11 read with section 3 of the Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963, exempting Sugar Mills from the provisions of Ordinance 1963, could Hon'ble Division Bench of Lahore High Court, Lahore hold that the provisions of appeal/revision section 7 of the Ordinance, 1963 were applicable to the petitioner company to debar it from filing ICA. (ii) In absence of an original order or an order arising from the proceedings of the nature stated in the proviso to subsection (2) of section 3 of Law Reforms Ordinance, 1972, was petitioner's Intra Court Appeal incompetent under the above referred proviso. (iii) Whether the impugned judgment suffered from the defect of being a non-speaking judgment. M.H./P-6/SC Leave granted.