Mandatory prerequisites
Mandatory prerequisites legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Issue for consideration was, whether allegation of misdeclaration levelled at against the importer, was factually and legally sustainable
Allegation of misdeclaration in terms of S.32 of Customs Act, 1969 had been levelled against the importer on the basis of an irrelevant, vague and incomplete invoice purported to be issued by another shipper
Retrieved invoices had neither been prepared by the importer nor those had been delivered by the importer to the Customs Authorities
Authorities had not been able to produce any evidence against the importer in respect of opening of letter of credit or remittance of foreign exchange for the purpose of importation of the subject goods at enhanced price against the "so called" invoice
Onus of proof lay on the customs
Case seemed to have been built up by the authorities on the basis of retrieved documents assumed to be commercial invoices, which were not to be relied upon for institution of a case of misdeclaration against the importer in terms of S.32 of the Customs Act, 1969
In order to attract the mischief of punitive provision of S.32 of the Customs Act, 1969, the mandatory prerequisite was that accused should have made or signed or declared or caused the same before Customs Authorities on the form of any declaration notices, certificate or any documents, or should have made any statement while replying the queries put to him by an officer of Customs, with knowledge and belief that such documents or statements were false in any material particular
In absence of any document, declaration notice made, signed or delivered to the Customs Authorities, the charge of misdeclaration, could not be framed against the importer
Said issue was answered in the negative.
"Mandatory prerequisites", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124938200
Precedents & Case Laws citing "Mandatory prerequisites"
P L D 1995 Quetta 36
NIAZ AHMED‑‑‑Petitioner Versus SELECTION COMMITTEE through its
Court: ‑‑‑‑ Constitution of Pakistan (1973), Art.199‑ ‑‑Admission Policy of Balochistan College of Engineering, Khuzdar; para. 2.11‑‑ ‑Constitutional petition‑ ‑ Admission in Engineering College‑ ‑‑Petitioner being simultaneously in possession of Diploma in Associate Engineering and F.Sc. Certificate, concealed such fact while filling his admission form‑‑ ‑Petitioner's F.Sc. Certificate was cancelled by Disciplinary Committee and admission to Engineering College was refused‑‑ ‑Petitioner also concealed the factum of his Government service which he had obtained on basis of his Diploma in Associate Engineering‑ ‑‑Effect‑‑ ‑Petitioner had concealed his employment as sub‑Engineer in a Government Department and on this score alone he could have been knocked out from the competition as no Government servant was eligible to take admission in Engineering College‑‑‑Such fact also indicated that High Court had not been approached with clean hands, thus, the principle "he who seeks equity must do equity", had been violated‑‑‑Petitioner's F.Sc. Certificate having been cancelled by Disciplinary Action Committee, he was lacking mandatory prerequisite for admission in Engineering College‑‑‑As for eligibility of Diploma‑holders in Engineering, petitioner having not applied on that basis was not entitled for admission on that account‑‑‑Petitioner could not be allowed to take advantage from Diploma in Engineering for Government service and simultaneously use his F.Sc. certificate to have admission in Engineering College and that too, through the High Court in exercise of its Constitutional jurisdiction‑‑ ‑Non‑granting of admission to petitioner, thus, did not suffer from any illegality or irregularity so as to call for interference in Constitutional jurisdiction. pp. 39, 40, 41 A, B, C & D2004 PLC (C
Syed SHAUKAT IQBAL Versus SECRETARY TO THE GOVERNMENT OF THE PUNJAB
Court: Supreme Court of Pakistan2004 S C M R 1315
Syed SHAUKAT IQBAL‑‑‑Petitioner Versus SECRETARY TO THE GOVERNMENT OF THE PUNJAB‑‑‑Respondent
Court: Supreme Court of Pakistan2000 S C M R 1743
KHUDA-I-NAZAR — Petitioner Versus THE CURATOR and another — Respondents
Court: Supreme Court of PakistanP L D 2026 Supreme Court (AJ&K) 1
SUGHRAN BIBI — Appellant Versus SULTAN MEHMOOD — Respondent
Court: High CourtP L D 2005 Lahore 279
ZULFIQAR ALI ‑‑‑Petitioner Versus SECRETARY, HOME DEPARTMENT, GOVERNMENT OF PUNJAB, LAHORE and 3 others‑‑‑Respondents
Court:1995 C L C 1137
USMAN ENTERPRISES‑‑‑Petitioner Versus COLLECTOR OF CUSTOMS, CENTRAL EXCISE-QUETTA and another‑‑‑Respondents
Court: Quetta1979 P L C 269
MUHAMMAD AKRAM AND OTHERS Versus S. A. KARIM COTTON FACTORY, KEHROR PACCA
Court: VIIIth Labour Court Punjab2004 S C M R 1861
REHMAT ULLAH alias RAJA — Petitioner Versus HOME SECRETARY, PUNJAB, LAHORE and others — Respondents
Court: Supreme Court of Pakistan2003 Y L R 2042
PAKISTAN RAILWAYS through Divisional Superintendent, Peshawar — Petitioner Versus SAID MUHAMMAD and 2 others — Respondents
Court: Peshawar