Union Apparels (Pvt) Ltd. v. Director General of Customs and Others – sllr 2000 volume 1 page 027

In the case between UNION APPARELS (PVT) LTD. and the DIRECTOR-GENERAL OF CUSTOMS and others, the Court addressed whether failure to file written submissions in accordance with Rule 45(7) constitutes a failure to prosecute a fundamental rights application, and the proper interpretation of Court Rules 30, 34, and 45 in this context. It was held that belated written submissions, filed a day before the hearing, did not demonstrate a lack of due diligence or constitute failure to prosecute. The preliminary objection raised under Rule 34 was overruled and the application was set for hearing, with parties to bear their own costs. The decision clarified that procedural rules concerning filing deadlines must be applied within their intended purpose and judicial discretion remains central to their

REF: sllr 2000 volume 1 page 027 Category: Tag:
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