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CENTRAL BOARD OF REVENUE versus KAGHAN IMPEX


Article 185 (3) and paragraph 7 (5) of the Import Policy Order July 1, 1979 and section R1040 (1) / 80 dated 13 October 1980, allowed to examine the scope and effect of paragraph 7 (5) of the import policy. Given. The effect of the amendment introduced by notification number 1040 (1) / 80 is the ruling on the stay of the unknown decision.

1983 S C M R 316 (2)

Present: Muhammad Afzal Zullah, Nasim Hasan Shah and Shafiur Rahman, JJ

CENTRAL BOARD OF REVENUE AND ANOTHER‑Petitioners

versus

MESSRS KAGHAN IMPEX AND OTHERS‑Respondents

Civil Petition for Special Leave to Appeal No. 499 of 1982, decided on 23rd June, 1982.

(On appeal from the judgment and order, dated 21st March. 1982 of the Lahore High Court, Lahore in Writ Petition No. 3636/1981).

Constitution of Pakistan (1973)---

‑‑Art. 185 (3) and Import Policy Order dated 1st July, 1979 para graph 7 (5) and No. S.R.O. 1040 (1)/80 dated 13th October, 1980 Leave granted to examine scope and effect of paragraph 7 (5) of import Policy and effect of amendment introduced by Notification No. 1040 (1)/80‑Operation of impugned judgment ordered to remain suspended.

Syed Iftikhar Ahmad, Deputy Attorney‑General of Pakistan with Muhammad Yousuf Khan, Advocate‑on‑Record for Petitioner.

Khalid Saeed Khan, Special Attorney for Respondents.

Date of hearing : 23rd June, 1982.

ORDER

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.

The operation of the impugned judgment shall remain suspended.

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

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

Leave granted.

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