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2004 PTD 2630

NOOR TRADERS vs ASSISTANT COLLECTOR CUSTOMS (IMPORT) and 2 others

Citation2004 PTD 2630
CourtLahore High Court
Case No.R.A. No, 1-L of 2003 in C. A. No,178 of 2002
Date2004-07-08
Judge(s)Muhammad Saeed Akhtar, Tasaddaq Hussain Jillani
ResultApplication dismissed

ORDER

' Through this application, review of the order, dated 24-3-2003 passed in C.A. No, 168.2002, is sought which was dismissed in terms as under:-- "Vide my detailed order of even date in Customs Appeal No,168 of 2002, this appeal is also dismissed in terms recorded thereof."

' In Customs Appeal No,168 of,2002 to which reference has been made above, we had dismissed the Customs Appeal on the following grounds:-- "Learned counsel appearing for learned counsel for the appellant in Custom Appeals Nos.168 and 169 of 2002 submits that since appellant's learned counsel is busy before the august Supreme Court, he has instructions to pray that these appeals may also be decided in the light of the judgment passed in Customs Appeal No,382 of 2001, this Court had dismissed the appeal and the judgment of the learned Appellate Tribunal was upheld. Since the issues raise in these appeals is the same which was decided in Custom Appeal No,382 of 2001, we are inclined to dismiss these appeals in terms of the judgment passed in the afore referred appeal i,e, 382 of 2001. Disposed of."

' Learned counsel for the applicant submits that instead of dismissing Custom Appeal No,178 of 2002 on the basis of Custom Appeal No,168 of 2002, this Court should decide and dismiss the said appeal in accordance with the judgment of this Court in Custom Appeal No382 of 2001.

3. On Court's query, learned counsel for the applicant admits that as per his instructions, the order of this Court in Custom Appeal No,178 of 2002, dated 24-3-2003 was challenged before the august Supreme Court but was dismissed as withdrawn. Learned counsel has not been able to point out any new circumstance or point of law not considered in the judgment, review of which is sought to merit interference. Even otherwise, he has not been able to satisfy us as to whether this Court has review jurisdiction while sitting as Appellate Tribunal under the Customs Act.

4. For what has been stated above, we do not find any merit in this application which is dismissed.

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