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2011 SCMR 1950

Messrs PUNJAB SUGAR MILLS vs GOVERNMENT OF PUNJAB and others

Petitioner: Messrs PUNJAB SUGAR MILLS VS Respondent: GOVERNMENT OF PUNJAB and others

Court: Supreme Court of Pakistan Decision Date: 2011-06-17

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Khilji Arif Hussain, Muhammad Sair Ali Title: Messrs PUNJAB SUGAR MILLS vs GOVERNMENT OF PUNJAB and others Case No.: I.C.A. No, 130 of 2008 Date of Judgment:2011-06-17 Reported As: 2011 SCMR 1950 Result: Leave granted

Judgment ORDER MUHAMMAD SAIR ALI, J.---After hearing Mr. M. S. Baqir, learned Advocate Supreme Court for the petitioner in detail, we grant leave to inter alia consider the following questions:-- (i) On issuance of notification under section 11 read with section 3 of the Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963, exempting Sugar Mills from the provisions of Ordinance 1963, could Hon'ble Division Bench of Lahore High Court, Lahore hold that the provisions of appeal/revision section 7 of the Ordinance, 1963 were applicable to the petitioner company to debar it from filing ICA. (ii) In absence of an original order or an order arising from the proceedings of the nature stated in the proviso to subsection (2) of section 3 of Law Reforms Ordinance, 1972, was petitioner's Intra Court Appeal incompetent under the above referred proviso. (iii) Whether the impugned judgment suffered from the defect of being a non-speaking judgment.

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