ITTEFAQ SUGAR MILLS vs GOVERNMENT OF PUNJAB through Director Industries S — 2022 CLC 713 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 CLC 713 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: CLC
Parties: ITTEFAQ SUGAR MILLS vs GOVERNMENT OF PUNJAB through Director Industries S
Subject matter: Constitutional
Provisions referred to: S. 3---R; S. 3

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ITTEFAQ SUGAR MILLS VS GOVERNMENT OF PUNJAB through Director Industries S.3---Restriction on establishment of industrial undertakings--- Principle--- Dispute was with regard to establishing a sugar mill but authorities on the basis of notification dated 6-12-2006 refused to grant permission on the pretext of ban---Validity---Punjab Government was not required to place a ban on establishment of industrial undertakings (nor the same was done through notification)---Statute itself imposed ban and while doing so, placed a discretion in the hands of Government to grant or refuse permission in a given case on rational basis---Specific clause inserted through notification had no other meaning and purport but to hammer in the statutory enterprise---Notification in question did not use word 'ban' but merely stated that "no new sugar mill shall be set up and no enlargement in capacity of existing sugar mill is allowed in the Province"---Administrative act could not subvert a statutory provision---Word "except in accordance with S.3 of Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963, was to be read in to lend actuality to the terms of specific clause in the Notification---High Court directed the authorities to proceed to process the case of petitioner further for establishment of sugar mill as requirements of S.3 of Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963, were met with---Constitutional petition was allowed, in circumstances.

Other judgments reported in 2022 CLC

2022 CLC 1973 LAHORE-HIGH-COURT-LAHOREMUHAMMAD HUSSAIN VS MUHAMMAD ALI S.3---Inheritance---Limitation would not run against co-sharers nor could it be allowed to form the basis f…
2022 CLC 492 LAHORE-HIGH-COURT-LAHORESADIQ RASHEED VS Mst. UZMA RIZWAN S.9---Civil Court, exclusive jurisdiction of---Civil Courts had the exclusive/ultimate jurisdiction to dec…
2022 CLC 1973 LAHORE-HIGH-COURT-LAHOREMUHAMMAD HUSSAIN VS MUHAMMAD ALI Registered deed excluding heir---Validity---Donee claiming under a gift that excludes an heir, is required…
2022 CLC 1973 LAHORE-HIGH-COURT-LAHOREMUHAMMAD HUSSAIN VS MUHAMMAD ALI Registered deed excluding heir---Validity---Donee claiming under a gift that excludes an heir, is required…
2022 CLC 1188 LAHORE-HIGH-COURT-LAHOREAYESHA SAJID VS FEDERATION OF PAKISTAN through Finance Secretary arts.189 & 203---"Judgment per-incurium"---Defined---Word "per-incuriam" me…
2022 CLC 1188 LAHORE-HIGH-COURT-LAHOREAYESHA SAJID VS FEDERATION OF PAKISTAN through Finance Secretary "Obiter dicta"---Scope and meaning

Back to the case-law library · Search Pakistani case law in Urdu or English