Procedural requirements

2025 CLC 745 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

Procedural requirementsScope

If law requires anything to be done in a particular manner, then it has to be done in the same manner or not at all, and no exception in this regard can be given.

2019 PTD 1266 CUSTOMS-APPELLATE-TRIBUNAL-LAHORE Judicial Precedent

S. 3Import Policy Order, 2016, Paras. 15, 9(1), Appendix-E, Para. 3(1) & Appendix-IImport Policy Order, 2013, Paras. 4, 9(ii)(v), Appendix H & Appendix B, Part II Sr. No. 27 [since amended]Customs Act (IV of 1969), Ss. 32, 16 & 156(1)(9), (14) & (90)Import of second hand vehicle by construction companyConditions of importUsed Mobile ClinicProcedural requirementsPre-shipment inspectionAmendment in Import Policy Order, 2013EffectMis-declarationScopeExamination report transpired that vehicle in question was Model 1997

Show-cause notice was issued wherein allegations levelled against importer were that it could not import a vehicle which was more that 5 years old; that it could not import Mobile Clinic and that it misclassified the PCT Code by using Code No. 8705.9000 instead of 8702.9090

Additional Collector of Customs (Adjudication) vacated the show-cause notice and released the vehicle unconditionally

Validity

Para 4 of Import Policy Order, 2013 provided that amendments made in Import Policy Order were not applicable to such imports where bill of lading or letter of credit was opened prior to the amendment

Import Policy Order, 2016 was promulgated on 18.04.2016 which restricted the import of vehicle which was more than 5 years old

Letter of credit was established by the importer on 20.10.2015 and the vehicle was imported under said letter of credit, hence the amendments brought through Import Policy Order, 2016 did not hit the importer

Serial No. 27 of Part II of Appendix B of Import Policy Order, 2013 did not restrict or impose any condition on import of Mobile Clinic by a construction company

Use of word "etc" in Para. 9(ii)(v) of Import Policy Order, 2013 indicated that construction company was entitled to import additional unspecified items in a series

Import of Mobile Clinic was classified in Serial No. 27 of Part II of Appendix B of Import Policy Order, 2013 and PCT Code No. 8705.9000

Only condition mentioned in Said Serial No. 27 was inspection/certificate from internationally recognized inspection agencies specialized in the field

Imported vehicle was inspected by pre-shipment inspection company which certified the vehicle as Mobile Clinic

Appeal against importer was dismissed.

2014 PLC 200 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 12(3)(iv)Constitution of Pakistan, Art.199Constitutional petition

Cancellation of registration of a trade union by the Registrar under S.12(3)(iv) of Industrial Relations Ordinance, 2002

Procedural requirements

Issuing of show-cause notice and holding of inquiry

Petitioners were registered trade unions of Karachi Port Trust (KPT)

Registrar, Trade Union cancelled registration of petitioners under S.12(3)(iv) of Industrial Relations Ordinance, 2002 without holding an inquiry and without issuing any show-cause notice to the petitioners

Legality

Although under S.12(3)(iv) of Industrial Relations Ordinance, 2002, Registrar, Trade Union had the power to cancel registration of a trade union but such power was to be exercised only after holding an inquiry, which meant proper application of mind and providing an opportunity to the concerned union

Registrar, in the present case, neither conducted any inquiry nor any show-cause notice was ever issued to the petitioners

Constitutional petition was allowed in circumstances and letters issued for cancellation of registration of petitioners/union were set aside with the direction that Registrar, Trade Union was at liberty to take action, if any, in accordance with law.