Public Notice
Public Notice legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Section 31 of the Punjab Pre-emption Act, 1991 ('Act') exclusively deals with the issuance of public notice by the officer registering the sale deed or attesting the mutation of sale within two weeks of registration or attestation as the case may be, whereas limitation for instituting a suit for pre-emption is to be regulated by S. 30 of the Act
Sections 30 & 31 of the Act neither have any nexus nor are dependent on each other, rather both are independent having no effect or impact on each other, thus, non-issuance of notice in terms of S. 31 of the Act would have no adverse effect on the provision of S. 30 regulating the limitation for institution of suit for pre-emption.
Respondents-importers assailed assessment of goods before Appellate Authority on the ground that the same was due to a mistake, as in the year 2018 tariff headings were rationalized and amended
Appellate Authority and Customs Appellate Tribunal decided the matter in favour of respondents-importers
Validity
Internationally TV sets were not specified in two (2) dash (
) heading of 8528.72 (other, colour); in Pakistan the same was bifurcated into a (3) dash (
) heading of television set with a further bifurcation into three new and local (4) dash (
) sub-headings
LED or LCD panels imported with or without parts was to be classified as a complete set
Merely by placing reliance on a public notice which had no relevance with tariff heading in question did not suffice
Authorities had themselves created new sub-headings for LCD/LED in CKD and SKD conditions
LCD and LED panels did not fall in a residuary heading of Others (8528.7219)
Authorities by themselves decided the issue in favour of respondents-importers by creating a new (4) dash (
) sub-heading, rendering public notice of no relevance, rather making it infructuous post 2018
High Court rephrased questions of law framed by authorities and decided the matter in favour of respondents-importers
Reference was dismissed, in circumstances.
Claim of a person, acting bona fide, in matters of public notice does not give him a license to couch such 'public notice' in a manner and fashion which may or is likely to result in crossing the limits, violation of ethical values, decency and other laws of the land.
Public notice is got flashed in a newspaper yet it is always based on request of some specific person hence, normally no responsibility is attached to the publisher except that he shall always keep the line of decency in view even while flashing the public notice because the phrase "freedom of press" is not synonym to unfettered powers to publish whatever one (publisher) wishes.
Meaning.
Even an admission of the publisher that the news has caused defamation shall not entitle the plaintiff for a relief against him, unless it is established that he had any malice on his part or that he had added or substituted any 'indecent' word in press release, provided by a person (initiator of the news).
Where it is established that a public notice contained an allegation, direct or indirect, which caused prejudice or harm to the plaintiff, then it shall be presumed that the maker of such public notice has defamed the plaintiff, particularly when plaintiff claims to have been defamed in result of such public notice.
Public notice issued by the Collector had hardly any legal sanctity behind it as the public notice had been published that some importers were importing Polyester Fabrics against Import Policy Order, so in, future they will have to produce certificate issued by the manufacturer and it was not proved that Public Notice had been brought to the notice of the importer.
Publication of notice/intimation by any Government Department or Corporate Body in newspapers would not assume the form of a legal provision having sanction of law and it will only be a one-sided assertion and a unilateral intention of a public functionary autonomous or semi-autonomous body.
"Public Notice", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/21292
Precedents & Case Laws citing "Public Notice"
P L D 1970 Dacca 622
EAST PAKISTAN INDUSTRIES, DACCA AND ANOTHER Petitioners Versus COLLECTOR OF CUSTOMS, CHITTAGONG AND ‑3 OTHERS‑Respondents
Court:2019 M L D 1882
Lt.-Col. (Retd.) MUHAMMAD WALI KHAN DURRANI — Plaintiff Versus UNIVERSITY OF KARACHI and others — Defendants
Court: Sindh2019 C L C 583
PREMIER BATTERY INDUSTRIES (PVT.) LTD. — Petitioner Versus KARACHI WATER AND SEWERAGE BOARD and another — Respondents
Court: Sindh2004 P T D 1919
Messrs HAJI DOSSA LIMITED Versus FEDERATION OF PAKISTAN and others
Court: Karachi High CourtP L D 2006 Lahore 723
MUHAMMAD ASLAM — Petitioner Versus TEHSIL MUNICIPAL ADMINISTRATION, CHISHTIAN and others — Respondents
Court: High CourtP L D 1978 Lahore 998
GHULAM FATIMA-Petitioner Versus GOVERNMENT OF THE PUNJAB THROUGH SECRETARY OF COMMUNICATIONS AND 4 OTHERS-Respondents
Court: S. 35(2) as amended by Land Acquisition (West Pakistan Amendment) Ordinance (XLIX of 1969), S. 19 read with S. 35(3)-Public notice-Section 35(2), although obliges Collector to issue public notice of substance of direction to be given and normally requires compliance of such provision of law nevertheless does not confer any right upon owners or persons interested in land, since such persons not required to do any particular act on issuance of such notice-No public notice issued by Collector under S. 35(2) but petitioners subsequently served with notice under S. 35(3) and even otherwise in full knowledge of proceedings, petitioners, held, not aggrieved by non issuance of public notice nor otherwise adversely affected, hence, nonservice of public notice inconsequential.2007 C L D 1198
SARAH JEWELLERY (PVT.) LTD through Chief Executive — Petitioner Versus FEDERATION OF PAKISTAN through Secretary Ministry of Commerce, Islamabad and another — Respondents
Court: Lahore2005 Y L R 1443
Babu JAVED AHMAD, TEHSIL NAZIM and 2 others — Appellants Versus ABDUL HAFEEZ — Respondent
Court: Lahore1983 P L C 376
SIND ROAD TRANSPORT CORPORATION Versus RUSTAM ALI
Court: Labour Appellate Tribunal Sind1982 C L C 818
ABDUL GHAFOOR AND 13 OTHERS‑Appellants Versus LAND ACQUISITION COLLECTOR, L. D. A. AND 2 others Respondents
Court: Lahore