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BURMAH-SHELL OIL STORAGE & DISTRIBUTING CO. OF PAKISTAN LTD. versus DEPUTY COMMISSIONER


Constitution of Pakistan (1962), Article 58 (3) Order passed by the High Court on the difficult question of law, the first decision of the special leave of appeal by the Supreme Court

1970 S C M R 63

Present : A. R. Cornelius, C. J. and Fazle‑Akbar, J

THE BURMAH‑SHELL OIL STORAGE AND

DISTRIBUTING COMPANY OF PAKISTAN LTD. AND ANOTHER‑Petitioners

versus

THE DEPUTY COMMISSIONER, KARACHI‑Respondent

Civil Petition for Special Leave to Appeal No. 388 of 1967, decided on 9th October 1967.

(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 15th July 1967, in Writ Petition No. 411 of 1966).

Constitution of Pakistan (1962),

Art. 58(3)‑Order passed by High Court on a difficult question of law, a first decision of its kind‑Special Leave to Appeal granted by Supreme Court.

Babu Munir Ghulam Sadiq v. N.‑W. F. P. . Government P L D 1955 F C 410 ref.

Manzur Qadir, Senior Advocate Supreme Court instructed by M. A, Rahman, Senior Attorney for Petitioners.

Nemo for Respondent.

Date of hearing : 9th October 1967.

ORDER

CORNELIUS, C. J.‑

Difficult questions of law, e.g. as to the validity of an order in the nature of withdrawal of a franchise, after the grantee had satisfied all requirements of procedure and had incurred considerable expense (the sum of three lakes Of rupees is mentioned) on the faith of the franchise, arise in this case. The order of the High Court, in writ jurisdiction, is in the nature of a first decision. Babu Munir Ghulam Sadiq v. N.W. F. P. Government (

PLD1955FC410

).

We accordingly grant leave to appeal as prayed. SCCur1tv Rs. 2,500. The petitioner is permitted to supply the requisite 1inmber of copies of documents which he wishes to bring on tile record of the case for hearing, in order to expedite the preparation of the case.

Leave granted.

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