1998 PLP 383 (SCMR)
SAADI CEMENT LIMITED and another‑‑‑Petitioners Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents
| Citation | 1998 PLP 383 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Raja Afrasiab Khan and Munawar Ahmad Mirza, JJ |
| Parties | SAADI CEMENT LIMITED and another‑‑‑Petitioners Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents |
| Primary Law | Customs Act (IV of 1969)‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 383 (SCMR)?
This judgment primarily cites: Customs Act (IV of 1969)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 383 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Raja Afrasiab Khan and Munawar Ahmad Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 383 (SCMR) (SAADI CEMENT LIMITED and another‑‑‑Petitioners Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Akram Sheikh, Senior Advocate Supreme Court with Muhammad Ahmad Zaidi, Advocate‑on‑Record for Petitioner (in C.Ps. Nos.577 to 584 of 1996). '
- Syed Hamid Hussain, Advocate Supreme Court, Mirza Masood‑ur Rehman, Advocate Supreme Court and M.S. Ghoury, Advocate‑on‑Record for Respondents (in C.Ps. Nos.577 to 584 of 1996).
- Muhammad Akram Sheikh, Senior Advocate Supreme Court with Muhammad Ahmad Zaidi, Advocate‑on‑Record for Petitioner (in C.P. No.585 of 1996).
- Syed Hamid Hussain, Advocate Supreme Court and M.S. Ghoury, Advocate‑on‑Record for Respondents (in C.P. No.585 of 1996).
- Date of hearing: 14th March, 1997.
- Muhammad Akram Sheikh, Senior Advocate Supreme Court with Muhammad Ahmad Zaidi, Advocate-on-Record for Petitioner (in C.Ps. Nos.577 to 584 of 1996). '
- Syed Hamid Hussain, Advocate Supreme Court, Mirza Masood-ur Rehman, Advocate Supreme Court and M.S. Ghoury, Advocate-on-Record for Respondents (in C.Ps. Nos.577 to 584 of 1996).
- Muhammad Akram Sheikh, Senior Advocate Supreme Court with Muhammad Ahmad Zaidi, Advocate-on-Record for Petitioner (in C.P. No.585 of 1996).
- Syed Hamid Hussain, Advocate Supreme Court and M.S. Ghoury, Advocate-on-Record for Respondents (in C.P. No.585 of 1996).
- MUNAWAR AHMED MIRZA, J.---Mr. Muhammad Akram Sheikh, Senior Advocate Supreme Court, for the petitioners, strenuously urged that this Court has already granted leave for authoritative consideration of substantial legal questions arising from several petitions which are still pending, including the case reported as 1994 SCMR 2123 (M/s M.Y. Electronics Industries (Pvt.) Ltd., and others v. Government of Pakistan (Ministry of Finance), Islamabad. Perusal of record and aforequoted judgment reveals that inter alia following two important legal points, which are identical in present case are directly subject matter of examination by this Court:--
Headnotes / Summary
(On appeal from the judgment dated 28‑8‑1996 passed by the Lahore High Court, Lahore, in Writ Petition No. 17231 of 1995). ‑‑‑‑S. 31‑A‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Supreme Court had already granted leave for authoritative consideration of substantial legal questions arising from several petitions which were still pending adjudication including the case reported as 1994 SCMR 2123‑‑‑Perusal of record indicated that, inter alia, two important legal points, which were identical herein, were directly subject‑matter of examination by Supreme Court i.e. (i) can amendment be made in fiscal law, of money bill without placing the same in Senate and what would be scope and effect of such money bill; (ii) whether demands raised from petitioners fell beyond the scope of S. 31‑A, Customs Act 1969, by invoking doctrine of legitimate expectations‑‑‑Leave to appeal was granted with direction that petition be fixed alongwith identical matters. M.Y. Electronics Industries (Pvt.) Ltd. and others v. Government of Pakistan, Ministry of Finance, Islamabad 1994 SCMR 2123 rel.
Judgment & Decree
MUNAWAR AHMED MIRZA, J.
Mr. Muhammad Akram Sheikh, Senior Advocate Supreme Court, for the petitioners, strenuously urged that this Court has already granted leave for authoritative consideration of substantial legal questions arising from several petitions which are still pending, including the case reported as 1994 SCMR 2123 (M/s M.Y. Electronics Industries (Pvt.) Ltd., and others v. Government of Pakistan (Ministry of Finance), Islamabad. Perusal of record and aforequoted judgment reveals that inter alia following two important legal points, which are identical in present case are directly subject matter of examination by this Court:-- (i) Can amendment be made in fiscal law, of money bill without placing it before Senate and what would be scope and effect of such money bill? (ii) Whether demands raised from the petitioners falls beyond the scope of section 31-A of the Customs Act, 1969, by invoking doctrine of legitimate expectations?
2. We, therefore, grant leave, and direct that these petitions be fixed alongwith identical matters. Interim relief already granted shall however, continue. A.A./S-27/SC Leave granted.