Adjudication Powers
Adjudication Powers legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Issue to be determined was, whether mandatory requirement of issuance of show-cause notice prescribed in S.180(a) of the Customs Act, 1969 for the purpose of adjudication was dispensed with where the incumbent filed a request for summary adjudication
Order-in-original, had been passed by Additional Collector, without issuance of any show-cause notice to the importer on account of the plea that importer had requested for summary adjudication
Importer never requested the adjudicating Officer to summarily adjudicate the case without issuance of the show-cause notice
Request for summary adjudication implied in legal and common parlance for expeditious disposal of the matter by the adjudicating authority in face of entailing circumstances
Issuance of show-cause notice was a mandatory requirement for the adjudicating officers while adjudicating issues before them
Importers were not afforded any opportunity to put any meaningful defence at the time of hearing
Order-in-original issued by the Additional Collector of Customs, was ab initio null and void and the structure built upon that order had no legal value
Said issue was answered in the negative.
"Adjudication Powers", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/13549
Precedents & Case Laws citing "Adjudication Powers"
P L D 2002 Peshawar 173
ARBAB AAMIR AYUB KHAN and another‑‑‑Petitioners Versus CHIEF ELECTION COMMISSIONER OF PAKISTAN,
Court:1996 P L C 20
MUHAMMAD RAFIQUE AWAN Versus NADIR ALI and another
Court: National Industrial Relations Commission2019 C L D 1015
Messrs M. NAZIR AND COMPANY, COST AND MANAGEMENT ACCOUNTANTS through Muhammad Nazir, FCMA — Appellant Versus EXECUTIVE DIRECTOR (CORPORATIZATION AND COMPLIANCE DEPARTMENT), SECP — Respondent
Court: Securities and Exchange Commission of Pakistan2010 P T D (Trib
N/A
Court: Customs, Federal Excise and Sales Tax Appellate Tribunal1999 P T D 2174
THE CENTRAL BOARD OF REVENUE, ISLAMABAD and others Versus SHEIKH SPINNING MILLS LIMITED, LAHORE and others
Court: Supreme Court of Pakistan1999 S C M R 1442
and others — Appellants Versus SHEIKH SPINNING MILLS LIMITED, LAHORE and others — Respondents
Court: Supreme Court of PakistanP L D 1981 S C 108
EVACUEE TRUST PROPERTY BOARD‑Petitioner Versus Sh. HAMEED ELAHI AND ANOTHER‑Respondents
Court: ‑‑‑ O. XVI, r. 6 read with O. X, r. 2‑Interpretation of statutes Appeal‑Ex parte bearing‑Mistake of Court‑Power to rehear‑‑Bar to rehearing of case‑Attracted only in event of case having been validly adjudicated‑Appeal heard ex parte on account of a mistake of Court‑Not validly adjudicated‑Power to rehear such appeal, held, not barred and Court inherently empowered to make necessary order for ends of justice or to prevent abuse of process of Court . Appeal (civil)‑Interpretation of statutes.2001 P T D 3466
Messrs CRESCENT TEXTILE MILLS LTD. Versus FEDERATION OF PAKISTAN and others
Court: Lahore High Court2011 P T D (Trib
Messrs FLYING BOARD AND PAPER PRODUCTS LIMITED, LAHORE Versus COLLECTOR, SALES TAX, LAHORE
Court: Inland Revenue Appellate Tribunal of Pakistan2018 P T D 1922
ADDITIONAL COLLECTOR CENTRAL EXCISE AND SALES TAX Versus MANGLA METALS (PVT.) LTD. through Chief Executive/Principle Officer, Mirpur
Court: Supreme Court (AJ&K)