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Citation: 1970 SCMR 853
Court: Supreme Court of Pakistan
Year: 1969
Decision Date: 1969-12-31
Parties: LANDALE AND MORGAN (PAKISTAN) LTD., NARAYANGANI vs THE CHAIRMAN, JUDGMENT
Case cited as 1970 SCMR 853
Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan Title:LANDALE AND MORGAN (PAKISTAN) LTD., NARAYANGANI vs THE CHAIRMAN, JUDGMENT Reported As: 1970 SCMR 853 Result: Petition dismissed Judgment JUDGMENT SAJJAD AHMAD, J.-The petitioner-Company Landale and Morgan (Pakistan) Ltd., claimed by a writ petition in the High Court of East Pakistan, that the respondent has withheld from it, without lawful authority, the subsidy to which it was entitled under the instructions issued by the Government for sales made by it as shippers of raw jute, in pursuance of contracts expressed in sterling, to certain firms in London and New York. According to the impugned letter of the Jute Board dated the 24th of August 1968 (Annexure `B'), the subsidy was denied to the petitioner-Company, as it did not satisfy one of the conditions for the grant of that subsidy, viz. That "the sales are not from agents to principals". The Jute Board came to this conclusion against the petitioner on examining the agency agreements that were furnished by the petitioner. The High Court has dismissed the writ petition on ground of laches and delay in filing the petition after almost one and a half years of the accrual of the cause for action, observing that the delayed remedy sought in the High Court in writ jurisdiction showed that there was no urgency about it, and that the matter could appropriately have been taken to the civil Court for relief in the ordinary course. The…
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