Pakistan Case Law
1991 SCMR 1226

N.P. COTTON MILLS (PVT.) LTD. And Others vs COLLECTOR OF CUSTOMS (APPRAISEMENT) And Other

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Citation1991 SCMR 1226
CourtSupreme Court of Pakistan
Case No.Constitutional Petition No.D-594/85 Civil Petitions Nos. 601-R and 602-R of
Date1989-11-27
Judge(s)Muhammad Afzal Zullah, Shafiur Rahman, S. Usman Ali Shah and Ali Hussain Qazilbash
Authored byMuhammad Afzal Zullah
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 petitions for leave to appeal involving questions already raised in pending matters where leave had previously been granted. The core legal question concerns the determination of customs-related issues similar to those under consideration in leading petitions. The Court decides to convert the current petitions into appeals so they may be heard alongside the connected matters already fixed for hearing. The key principle laid down is that related petitions raising identical questions of law and fact as pending granted leave matters should be converted into appeals and heard together for consistent adjudication.

Questions settled in this judgment
  • Whether petitions for leave to appeal can be converted into appeals when identical questions are involved in pending matters?
  • Can related appeals be clubbed together for hearing on the existing record with directions to file necessary documents?
leave to appealconversion of petition into appealcustoms appraisalsupreme court practice

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.---Learned counsel states that the questions involved ;in these petitions are also involved in C.P. No.144-R of 1988, leave to appeal wherein was granted by this Court on 1st June, 1988. It has also been stated at the Bar that leave to appeal has been granted in several other petitions at Lahore and Karachi to examine the same points.

2. Excepting few the paper books regarding which have not yet arrived from Karachi and/or Lahore the appeals in those cases having been fixed for today stand adjourned to a date in February, 19990.

3. Accordingly these petitions are also converted into appeals. To be fixed and heard with the said appeals. The appeals shall be prepared on the present record with direction to the parties to file all those documents which would be necessary for disposal of appeals.

4. The interim orders as also the orders regarding deposit of security for costs shall be the same as passed in Constitutional Petition No. 144-8 of 1988.

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