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STATE BANK OF PAKISTAN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Defense, Rawalpindi Ss — 2022 PLD 46 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PLD 46 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PLD
Parties
STATE BANK OF PAKISTAN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Defense, Rawalpindi Ss
Subject matter
Constitutional
Provisions referred to
S. 277; Cantonments Act

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

STATE BANK OF PAKISTAN VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defense, Rawalpindi Ss. 60 & 277---Constitution of Pakistan, Art. 199---Constitutional petition---General power of taxation---Revision---Alternate remedy, availability of---Scope---Petitioner challenged the jurisdiction and authority of the authorities in levying property tax on the petitioner---Respondents raised objections in respect of the alternate remedy being available under S. 277 of the Cantonments Act, 1924---Held; petitioner had challenged the very authority of the respondents to issue challans to the petitioner pertaining to property tax, therefore, the rule that the High Court would not entertain Constitutional petition when other appropriate remedy was available was not a rule of law barring jurisdiction but a rule by which the Court regulated its jurisdiction---If the impugned orders/actions were without lawful authority or violative of some law then the High Court could exercise its constitutional jurisdiction unless it could do so without any elaborate enquiry into complicated or disputed facts. Head NotesCase Description

Other judgments reported in 2022 PLD

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