1989 PLP 1183 (CLC)
EXPORTERS‑‑Petitioner Versus THE FEDERAL GOVERNMENT OF PAKISTAN and others‑‑Respondents
| Citation | 1989 PLP 1183 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Naimuddin, Cal and Saleem Akhtar, J |
| Parties | EXPORTERS‑‑Petitioner Versus THE FEDERAL GOVERNMENT OF PAKISTAN and others‑‑Respondents |
Q1: What are the key laws and sections cited in 1989 PLP 1183 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1183 (CLC)?
The case was heard and decided by the Karachi bench comprising: Naimuddin, Cal and Saleem Akhtar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1183 (CLC) (EXPORTERS‑‑Petitioner Versus THE FEDERAL GOVERNMENT OF PAKISTAN and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Muzafarul Haq for Petitioner.
- Imam Ali G. Kazi. Dy. A.‑G. for Respondents.
- Date of hearing: 21st April, 1988.
Headnotes / Summary
Constitution of Pakistan (1973)‑‑ ‑‑‑Art.199‑‑Customs Act (IV of 1969), S.25‑‑Petitioner prayed for a declaration to the effect that the impugned order was illegal, ultra vires and of no legal effect‑‑Contentions being similar as raised in case PLD 1988 Kar. 99 case was remanded to Assistant Collector for decision afresh after providing petitioners opportunity to produce in rebuttal the material which they wished.
Judgment & Decree
Muhammad Muzafarul Haq for Petitioner. Imam Ali G. Kazi. Dy. A.‑G. for Respondents. Date of hearing: 21st April, 1988. NAIMUDDIN, C.J.‑‑In this Constitutional Petition the petitioner has prayed as follows:‑ "The petitioner, therefore, prays that this Hon'ble Court be pleased to declare the impugned General Office Order. No.16/ 1986 dated 8‑10‑1986 as illegal, ultra vires and having no legal effect and further declare that the duty on the imported items as stated in the petition is leviable under the Customs Tariff as laid down in P. C . T. Customs classification No.73‑20 (73‑20) (b) and grant the costs of the petition and grant any other relief this Hon'ble Court may deem fit and proper in the circumstances of the case." The point raised in this petition came up for consideration before another Division Bench of this Court in Indus Automobile (Pvt) Ltd. v. Central Board of Revenue and 2 others reported in PLD 1988 Kar. 99 and after hearing the learned counsel for the petitioners, counsel for the respondents, the Court passed following order: ‑ We would, therefore, remand the above cases to the Assistant Collector of Customs to show the material to the petitioners on the basis of which the prices in the relied upon by the department were notified and also to provide the petitioners opportunity to produce in rebuttal the material which they wish to produce and thereafter to decide the question whether A the impugned assessments have been made in accordance with law. The petitioners shall be entitled to file appeals and other proceedings competent under the Act before the forums provided for in cases they are aggrieved by the above fresh orders." The petitions stand disposed of in the above terms with no order as to costs." By consent of the counsel before us, we dispose of this petition also in terms of the above‑quoted order. M.Z.S. /P‑88/K Order accordingly.