MESSRS MEHFIL CINEMA THROUGH FAIZANUL HAQ, THE MANAGING PARTNER vs — 1970 SCMR 601

Citation: 1970 SCMR 601

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MESSRS MEHFIL CINEMA THROUGH FAIZANUL HAQ, THE MANAGING PARTNER vs JUDGMENT

Headnotes

Case cited as 1970 SCMR 601

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title:MESSRS MEHFIL CINEMA THROUGH FAIZANUL HAQ, THE MANAGING PARTNER vs JUDGMENT Reported As: 1970 SCMR 601 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner in this case filed a writ petition in the High Court of West Pakistan, Lahore Seat, to challenge the validity of certain notices issued in pursuance to section 6-A of the West Pakistan Entertainments Duty Act, 1958, as inserted by the West Pakistan Entertain-- ments Duty Ordinance, 1969. The petitioner also maintained that the Ordinance of 1969 was itself ultra vires. Along with the writ petition a Civil Miscellaneous applica--tion was also moved for staying the operation of the orders issued by the authorities under the above-mentioned provisions. When both these matters came up for hearing before a Division Bench of the High Court, no one appeared on behalf of the petitioner. But the High Court, instead of dismissing both the writ petition as well as the Misc. Application for non-prosecution, heard the learned Advocate-General and admitted the writ petition for a regular hearing on the ground that the questions arising in it which had been noticed in an earlier order passed by the High Court on the 4th December 1969, possibly in some other petition, were of some public importance. The recovery of the tax purported to be levied in pursuance of these provisions was also stayed suo moto to the extent that…

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