Manufacturing of textile products

2013 CLC 34 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Sixth Sched., para 44

Punjab Local Government (Fee for Licensing and Permits and Licensing of Professions and Vocations) Rules, 2002, R.3(iii)(f)

Constitution of Pakistan, Arts. 189 & 199

Constitutional petition

License fee, demand of

Manufacturing of textile products

Supreme Court, decision of

Judgment in rem

Petitioner was a textile manufacturing company and was aggrieved of notice of demand issued by authorities for recovery of professional fee

Plea raised by authorities was that notice was rightly issued as the matter had already been decided by Supreme Court

Validity

Business of manufacturing textile products fell within the purview of paragraph 44 of Sixth Schedule to Punjab Local Government Ordinance, 2001, read with Rule 3(iii)(f) of Punjab Local Government (Fee for Licensing and Permits and Licensing of Professions and Vocations) Rules, 2002, therefore, notice for demand of license fee was lawfully issued by authorities

Earlier petition filed by petitioner was disposed of in terms of judgment passed in main petition and the same was set aside by Supreme Court, which was judgment in rem, and binding on all in view of Art.189 of the Constitution

Non-filing of appeal in other cases was of no legal consequence

Judgment settling proposition of law and declaring legal position was binding upon petitioner company and as such demand notice was legally issued by authorities under Punjab Local Government Ordinance, 2001

Petitioner failed to make out a case for holding notice as illegal and without lawful authority

Petition was dismissed in circumstances.

2012 CLD 1288 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Sixth Sched., para 44

Punjab Local Government (Fee for Licensing and Permits and Licensing of Professions and Vocations) Rules, 2002, R.3(iii)(f)

Constitution of Pakistan, Arts. 189 & 199

Constitutional petition

License fee, demand of

Manufacturing of textile products

Supreme Court, decision of

Judgment in rem

Petitioner was a textile manufacturing company and was aggrieved of notice of demand issued by authorities for recovery of professional fee

Plea raised by authorities was that notice was rightly issued as the matter had already been decided by Supreme Court

Validity

Business of manufacturing textile products fell within the purview of paragraph 44 of Sixth Schedule to Punjab Local Government Ordinance, 2001, read with Rule 3(iii)(f) of Punjab Local Government (Fee for Licensing and Permits and Licensing of Professions and Vocations) Rules, 2002, therefore, notice for demand of license fee was lawfully issued by authorities

Earlier petition filed by petitioner was disposed of in terms of judgment passed in main petition and the same was set aside by Supreme Court, which was judgment in rem, and binding on all in view of Art.189 of the Constitution

Non-filing of appeal in other cases was of no legal consequence

Judgment settling proposition of law and declaring legal position was binding upon petitioner company and as such demand notice was legally issued by authorities under Punjab Local Government Ordinance, 2001

Petitioner failed to make out a case for holding notice as illegal and without lawful authority

Petition was dismissed in circumstances.