Pakistan Case Law
1983 SCMR 316 (2)

CENTRAL BOARD OF REVENUE AND Another vs MESSRS KAGHAN IMPEX AND Other

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Citation1983 SCMR 316 (2)
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 499 of 1982 Writ Petition No.
Date1982-06-22
Judge(s)Nasim Hasan Shah, Muhammad Afzal Zullah, Shafi-ur-Rehman
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal filed by the Central Board of Revenue against Messrs Kaghan Impex. The core legal question before the Supreme Court of Pakistan involves the interpretation, scope, and legal effect of paragraph 7(5) of the Import Policy Order dated 1-7-1979, specifically in light of the subsequent amendment introduced by S.R.O. 1040(1)/80, dated 13th October 1980. Upon hearing the parties, the Court determined that the case presented substantial questions of law worthy of further examination. Consequently, the Court granted leave to appeal to resolve the ambiguity surrounding the regulatory provisions governing imports. As an interim measure to preserve the subject matter of the dispute pending final adjudication, the Court ordered that the operation of the impugned judgment be suspended. The Court further directed that the appeal be prepared on the existing record, with liberty for the parties to submit additional documentation, and prioritized the matter for an expedited hearing within the calendar year to ensure timely resolution of the regulatory dispute.

Questions settled in this judgment
  • What is the scope and effect of paragraph 7(5) of the Import Policy Order dated 1-7-1979?
  • What is the legal effect of the amendment introduced by S.R.O. 1040(1)/80 dated 13th October 1980 on the Import Policy Order?
Laws & provisions referred
  • Paragraph 7(5), Import Policy Order 1979
  • S.R.O. 1040(1)/80
leave to appealimport policyregulatory interpretationsuspension of judgmentcustoms law

ORDER

1. MUHAMMAD AEZAL ZULLAH, J.-After hearing both the sides at some length, we consider it a fit case for grant of leave to appeal for exami--nation inter alia of the scope and effect of paragraph 7 (5) of Import Policy f Order dated 1-7-1979 as also the effect of the amendment in this behalf introduced by S. R. O. 1040 (1)/80 dated the 13th October, 1980. Order accordingly.

2. The operation of the impugned judgment shall remain suspended.

3. Appeal shall be made ready on the present record with liberty to the parties to file additional documents, if necessary.

4. The appeal shall be fixed for hearing as early as possible and preferably within this year.

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