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Citation: 1972 PLD 100
Court: Supreme Court of Pakistan
Year: 1971
Decision Date: 1971-12-31
Petitioner: C. A. No. 141 Of 1970 KOHINOOR TEXTILE MILLS (Now INDUSTRIES) LTD. PREMIER JUDGMENT
Case cited as PLD 1972 Supreme Court 100
Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title:C. A. No. 141 Of 1970 KOHINOOR TEXTILE MILLS (Now INDUSTRIES) LTD. PREMIER JUDGMENT Reported As: PLD 1972 Supreme Court 100 Result: A. Judgment JUDGMENT HAMOODUR RAHMAN, C. J.--The appellant in Civil Appeal No. 141 of 1970 is a limited liability company carrying on the business of manufacturing textiles. It operates two cotton textile mills at Lyallpur and Liaquatabad respectively. Each mill is situated in an area specified under section 23 of the West Punjab Cotton (Control) Act, 1949, as an area into which cotton of different varieties grown in other areas can only be imported under a licence. The requirements of the appellant- company's mills of ginned cotton being much in excess of the supply available within the area, it had to import ginned cotton from other areas under licences granted by the Government of West Pakistan from time to time and had to pay a fee of 3 annas per maund on unginned cotton and 8 annas per maund on ginned cotton so imported under rule 21 of the West Punjab Cotton Control Rules, 1949. In July 1959 the appellant-company ultimately challenged the validity of the fee by a Writ Petition being No. 387 of 1959. In these proceedings, it also obtained an interim order for the issuance of licences for the years 1959-60 to 1966-67 without payment of the fee but subject to furnishing security. The writ petition was dismissed by the High Court on…
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