PRINCELY JETS (PRIVATE) LIMITED vs FEDERATION OF PAKISTAN through Secretary Ministry of Finance, Karachi S — 2022 PTD 1642 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PTD 1642 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PTD
Parties: PRINCELY JETS (PRIVATE) LIMITED vs FEDERATION OF PAKISTAN through Secretary Ministry of Finance, Karachi S
Subject matter: Civil
Provisions referred to: S. 46---F; S. 34---C; Federal Excise Act (VII of 2005); Civil Procedure Code (V of 1908)

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

PRINCELY JETS (PRIVATE) LIMITED VS FEDERATION OF PAKISTAN through Secretary Ministry of Finance, Karachi S.46---Federal Excise Act (VII of 2005), S.34---Constitution of Pakistan, Art.199, 10A & 4---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Temporary injunction, grant of---Constitutional jurisdiction of High Court---Scope---Fair trial and due process---Principles and Scope---Petitioner sought to restrain Department from recovery of tax liability of petitioner, while petitioner's appeals were pending before competent forums---Validity---Petitioner, in the present case, could show no material to establish maintainability of Constitutional petition---While interim injunction could be granted by High Court in its Constitutional jurisdiction where matters were pending in appeal, however, said cases should pertain to where parties were vigilant; and prima facie actually required an adjudication on merits in protection of an actual existing right of fair trial and due process and while approaching court with clean hands, which was lacking in the present case---Constitutional petition was dismissed, in circumstances.

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