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MANAGING DIRECTOR, PAKISTAN AGRICULTURAL STORAGE AND SERVICE CORPORATION LTD. versus NAWAB DIN


Rr 2 (m), 35 and 36, the use of imported word for consumption, use or sale of goods may not be construed to use imported potatoes in the municipal municipal limits of conservation in cold storage. , Is not imported for sale or use and shall be held as stated under R35, not responsible for zakat duty [words and phrases]

1981 C L C 284

[Lahore]

Before Abdul Shakurul Salam, J

MANAGING DIRECTOR, PAKISAN AGRICULTURAL

STORAGE AND SERVICE CORPORATION LTD,

LAHORE AND ANOTHER‑Petitioners

versus

NAWAB DIN AND 2 OTHERS‑Respondents

Writ Petition No. 5163 of 1979, decided on 20th April, 1980.

(a) Constitution of Pakistan (1973) ‑‑

--- Art. 199‑Writ‑Petition involving interpretation of law of general application and constitutional remedy most appropriate and adequate for speedy decision to avoid prolonged litigation and conflicting decisions‑Held, such petition maintainable.

Municipal Committee, Multan, through its Chairman v. Burmah Shell Storage & Distributing Co. of Pakistan Ltd. etc. P L D 1976 Lah. 726 rel.

Kh. Abdul Waheed etc. v. Government of the Punjab etc. P L D 1978 Lah. 811 cited but not examined.

(b) Interpretation of statutes

_‑‑‑‑ Taxing statute‑Principles of construction.

Craies on Statute Law, 7th Edn., p. 113 and 1. R. C. v. Wolfson (1949) 1 All ER865ref.

(c) West Pakistan Municipal Committees Octroi Rules, 1964‑

‑‑ Rr. 2(m), 35 & 36‑‑"Import of goods for consumption, use or sale"‑Word "use" ‑ Interpretation ‑ Potatoes imported within municipal limits for preservation in cold storage‑‑Cannot be intended to be put to "use"‑Such goods not imported for "consumption, use or sale" and declared as such under r. 35‑Held, not liable to octroi duty.‑[Words and phrases].

United Telephone Company London v. Globle Telephone and Maintenance Company 1884 Ch. D 766 ref.

Muhammad Nawaz Kasuri for Petitioners.

Asad Munir for A. A.‑G. for Municipal Corporation.

Dates of hearing : 3rd, 5th March; 12th and 15th April, 1980.

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