Pakistan Case Law
2011 SCMR 1950

Messrs PUNJAB SUGAR MILLS vs GOVERNMENT OF PUNJAB and others

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Citation2011 SCMR 1950
CourtSupreme Court of Pakistan
Case No.I.C.A. No, 130 of 2008
Date2011-06-17
Judge(s)Muhammad Sair Ali and Khilji Arif Hussain
Authored byMuhammad Sair Ali
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal filed by Messrs Punjab Sugar Mills against the Government of Punjab and others. The core legal questions concern whether the provisions of appeal and revision under section 7 of the Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963 applied to debar the petitioner company from filing an Intra Court Appeal (ICA) following a notification exempting sugar mills from the Ordinance, whether the petitioner's Intra Court Appeal was incompetent under the proviso to subsection (2) of section 3 of the Law Reforms Ordinance, 1972 in the absence of an original order or an order of the specified nature, and whether the impugned judgment was a non-speaking judgment. Upon hearing the petitioner's counsel in detail, the Supreme Court granted leave to consider these questions.

Questions settled in this judgment
  • Whether the provisions of appeal and revision under section 7 of the Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963 apply to debar a petitioner from filing an Intra Court Appeal after the issuance of a notification exempting sugar mills from the Ordinance?
  • Whether an Intra Court Appeal is incompetent under the proviso to subsection (2) of section 3 of the Law Reforms Ordinance, 1972 in the absence of an original order or an order arising from proceedings of the nature stated therein?
  • Whether the impugned judgment suffered from the defect of being a non-speaking judgment?
Laws & provisions referred
  • Section 3, Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963
  • Section 7, Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963
  • Section 11, Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963
  • Section 3(2), Law Reforms Ordinance, 1972
sugar millsintra court appealexempting notificationleave to appealnon-speaking judgment

ORDER

1. MUHAMMAD SAIR ALI, J.---After hearing Mr. M. S. Baqir, learned Advocate Supreme Court for the petitioner in detail, we grant leave to inter alia consider the following questions:--

(i) On issuance of notification under section 11 read with section 3 of the Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963, exempting Sugar Mills from the provisions of Ordinance 1963, could Hon'ble Division Bench of Lahore High Court, Lahore hold that the provisions of appeal/revision section 7 of the Ordinance, 1963 were applicable to the petitioner company to debar it from filing ICA.

(ii) In absence of an original order or an order arising from the proceedings of the nature stated in the proviso to subsection (2) of section 3 of Law Reforms Ordinance, 1972, was petitioner's Intra Court Appeal incompetent under the above referred proviso.

(iii) Whether the impugned judgment suffered from the defect of being a non-speaking judgment.

Cited by 3 cases

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