Court Observations

Observations by court did not determine rights or titles of parties for which an action was brought before court for adjudication

Court could not be deprived to consider and decide a legal or factual question/plea if raised even before Appellate Authority

Series of facts or circumstances were to infer a conclusion which may either be for or against

Fraud, mala fide, bona fide or even misrepresentation could not be determined without considering facts, circumstances and documents so referred for proving or disproving the same

Observation by court did not equate the status of adjudication unless intention was otherwise

When the observation end into determining any factual or legal issue that would attain status of adjudication.

Investigating Officer while investigating matter, held, must mention financial position of accused, their assets and source of income.[Investigation]

Attitude of a Provincial Government in withholding custody of petitioner in contemptuous disregard of High Court's order on flimsy pretext-Regretted and stated to have created a dangerous precedent amounting to serious inroad on independence of superior judiciary and likely tee obstruct and complicate administration of justice.

Court Observations Conflict of jurisdiction created by Ss. 23 & 28-A(I) of Provincial Small Cause Courts Act (IX of 1887)Existence of two parallel forums exercising concurrent jurisdiction-Objectionable feature bound to create deplorable conflict-Attention of appropriate authorities called for making such legislative change as may be found necessary.

Prosecution should take meticulous care to smuggling cases to adduce necessary evidence to show that a prohibition or restriction did actually exist at relevant time Courts should likewise insist on such evidence which alone can lay foundation of conviction-Conviction should by no means proceed on assumption-Central Law Ministry advised to consider advisability of inserting in-relevant laws a precise definition of expression "imported good" so that Courts may not inferentially and inductively draw their own conclusions.