Syed SAID MUHAMMAD AND Another vs THE QUETTA MUNICIPAL COMMITTEE — 1967 PLD 241

Citation: 1967 PLD 241

Court: Balochistan High Court

Year: 1969

Decision Date: 1969-12-31

Parties: Syed SAID MUHAMMAD AND Another vs THE QUETTA MUNICIPAL COMMITTEE JUDGMENT

Headnotes

Case cited as PLD 1967 SC 241

Judgment Text

Court Name: Balochistan High Court Judge(s): Shafi-ur-Rehman, Muhammad Akram Title:Syed SAID MUHAMMAD AND Another vs THE QUETTA MUNICIPAL COMMITTEE JUDGMENT Reported As: PLD 1970 Quetta 1 Result: Petition dismissed Judgment JUDGMENT MUHAMMAD AKRAM, J.--This is a petition under Article 98, of the late Constitution of Islamic Republic of Pakistan, 1962, filed by Syed Said Mohammad, Secretary Cloth Merchants. Association Cloth Market, Quetta, and Anwar Kamal, Secretary, Quetta Chemists Association, Quetta challenging the validity of the Octroi charged, by the Quetta Municipal Committee on the commodities, imported within its territorial limits, ad valorem: even after the introduction of the West Pakistan, Municipal. Committees (Octroi) Rules, 1964 (hereinafter called the Rules). The petitioners have asserted that rule 28 of the Rules lays down that in levying the octroi the Municipal Committee shall be guided by the Model Octroi Schedule annexed as Appendix `A' and that under the said Model Octroi Schedule and the Rules the octroi duty must be charged on the basis of gross weight per maund of the commodities at the specified rates. But in contravention of these requirements, respondent No. 1 is wrongly insisting on charging the octroi duty ad valorem under the old Schedule which has already become obsolete with the promulgation of these Rules. The petitioners have alleged that during the year 1965, the Chairman, Municipal Committee, Quetta, called several meetings of the…

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