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SALEEM IMPEX versus CENTRAL BOARD OF REVENUE


Civil Procedure Code Order XXXIX Temporary Injections and Interlocutory Orders A XXXIX, RR I, 2, O VII, R 11, and Section 9 Specific Relief Act (I of 1877), Sections 42 and 54 of the Customs Act (IV of 1969), Section 217 Karachi Port Trust Act (VI of 1886), the declaration of section 87 suit and the defendant (importer) of the case filed by the defendant / importer to maintain a permanent ban were objected to. First, the case was stopped because of section 217 (2) of the Customs Act, 1969. Secondly, the plaintiff / importer had a substitute that was provided under Chap XIX of the Customs Act, 1969 and the third was that the provisions of section 87 of the Karachi Port Trust Act, 1886, of the plaintiff / importer claimant / importer, Prime. Not compliant. In fact, it was able to prove that the defendants did not comply with the law applicable to the case which was supported by their negligence to maintain the lawsuit filed by them. At the hearing the defendants will be open to justify their act. To the extent that it was not a deviation from the relevant law in view of the special and strange circumstances, the defendant was not liable to dismiss it on the grounds requested because it was a premature step and The alleged controversy and controversy suggested by the parties seemed similar. Cases of Evidence The objection raised by the defendants in connection with the retention of the case filed by the plaintiff / importer was rejected in these circumstances

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