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1997 SCMR 1370

MESSRS GADOON TEXTILES MILLS LTD. AND OTHERS

V/S

FEDERATION OF PAKISTAN THROUGH SECRETARY,
WATER AND POWER AND OTHERS


Per Sajjad Ali Shah, C.J.

(a) Constitution of Pakistan (1973), Articles 18,23,24,157,153,154,161 & 149

—S. 25—Constitution of Pakistan (1973), Arts. 18,23,24,157,153,154, 161 & 149; Federal Legislative List, Part II, entry Nos. 3 & 4; Concurrent Legislative List, Entry No. 34—Vires of S.25, West Pakistan Water and Power Development Authority Act, 1958 assailed on the touchstone of Art. 157 of the Constitution—Petitioners who were levied Electricity Tariff and Fuel Adjustment Surcharge, challenged the same on the ground that S.25, West Pakistan Water and Power Development Authority Act, 1958 (under which Authority was empowered to levy such tax) was liable to be struck down as being inconsistent with Art. 157 of the Constitution—For resolution of such controversy, Court would have to examine in detail, for purpose of interpretation of Arts.153, 154,161 & 149 of the Constitution—In addition Entry Nos. 3 & 4 of part II, Federal Legislative List and Entry No. 34 of Concurrent Legislative List, relating to subject of electricity, were to be examined alongwith Art. 157 of the Constitution—Breach of doctrine of promissory estoppel was also contended and grievance was made that Fundamental Rights of petitioner as contemplated under Arts. 18,23 & 24 had been violated—Leave to appeal was granted to examine the contentions raised. [p. 1373] A

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