MESSRS ELAHI COTTON GINNING AND PRESSING FACTORY, GUJRAT vs — 1970 SCMR 276

Citation: 1970 SCMR 276

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-23

Parties: MESSRS ELAHI COTTON GINNING AND PRESSING FACTORY, GUJRAT vs GOVERNMENT OF WEST PAKISTAN THROUGH

Headnotes

Case cited as 1970 SCMR 276

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title:MESSRS ELAHI COTTON GINNING AND PRESSING FACTORY, GUJRAT vs GOVERNMENT OF WEST PAKISTAN THROUGH Case No.:Civil Petition for Special Leave to Appeal No. 376 of 1969 Writ Petition No. 1771 of 1969 Date of Judgment:1969-12-23 Reported As: 1970 SCMR 276 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-The petitioner-firm moved the High Court in writ jurisdiction to annul the levy of cotton fee at 25 paisas per maund of the cotton ginned and pressed by them during the years 1961-62 to 1968-69 as without lawful authority on the grounds : (i) that the West Pakistan Cotton Control (Validation of Levy of Fees) Ordinance (XIII of 1966), was ultra vires of the 1962- Constitution; (ii) that no valid notification was issued during the years 1961-62 to 1968-69 levying cotton fee at 25 paisas per maund; and (i.e) that the demand for payment of the cotton fee was made from the occupiers of ginning factories alone whereas under the impugned notification the fee was recoverable from managers of the factories and cotton dealers a well. The writ petition was dismissed by a Division Bench on the view that even if the impugned notifications levying the cotton fee are kept out of view, the petitioners were liable to pay fee at 25 paisas, per maund, under the notification of 1952. The contention that Article 2 of the 1962- Constitution prohibited the Legislature from giving retrospective…

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