FEDERAL BOARD OF REVENUE through Chairman, Islamabad vs HUB POWER COMPANY LTD — 2023 PLD 207 SUPREME-COURT

Case information

Citation: 2023 PLD 207 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLD
Parties: FEDERAL BOARD OF REVENUE through Chairman, Islamabad vs HUB POWER COMPANY LTD
Subject matter: Constitutional
Provisions referred to: S. 3---C; Law Reforms Ordinance

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

FEDERAL BOARD OF REVENUE through Chairman, Islamabad VS HUB POWER COMPANY LTD. S. 3---Constitution of Pakistan, Art. 185(3)---Petition for leave to appeal filed before the Supreme Court without exhausting the available remedy of filing an Intra Court Appeal ("ICA") under section 3 of the Law Reforms Ordinance, 1972 ("Ordinance") before the High Court---Maintainability---Where the right to file an ICA before the High Court under section 3 of the Ordinance exists, then a petition before the Supreme Court without exhausting the said remedy, and thereby circumventing the forum below, is ordinarily not maintainable---Requirement of filing an ICA is a rule of practice for regulating the procedure of the Court and does not oust or abridge the constitutional jurisdiction of the Supreme Court---Such petitions, however, have been entertained by the Supreme Court only when certain exceptional circumstances exist, such as, where the matter involves important questions of law of great public importance having far-reaching consequences, questions of law as to the interpretation of the Constitution and validity of provincial statutes, and substantial questions of law involving fundamental rights, coupled with the fact that the objection with regards to maintainability is taken at a belated stage before the Court.

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