2012 CLD 276 KARACHI-HIGH-COURT-SINDH

2012  CLD  276     KARACHI-HIGH-COURT-SINDH

KHALIL (PVT.) LIMITED

 Versus

M.V. WALES II

S.3—Sales of Goods Act (III of 1930), S.37—Civil Procedure Code (V of 1908), O.XII, R.6— Admiralty jurisdiction—Acceptance of goods—Judgment on admission—Dispute between the parties was with regard to supply of quantity of Marine Gasoline Oil —Plaintiff claimed to have supplied 96.36 Metric Tons of the Oil onto the defendant vessel, whereas defendant claimed to have received 83.8 Metric Tons of the Oil , on board—Plaintiff sought judgment on the basis of admission made by defendant to the extent of Oil received by it on board—Validity—If a buyer had the option of rejecting the goods short supplied but if he did not do so and accepted the goods so delivered, then under the provision of S. 37(1) of Sales of Goods Act, 1930, the buyer was bound to pay to seller at the contractual rate— Even if the defendants were correct and there was a short supply of Marine Gasoline Oil , it was clear that the quantity as supplied was in fact accepted and not rejected—High Court entered the judgment in favour of plaintiff for a sum of contractual amount to the extent of supply of the Oil admitted by defendants and preliminary decree would follow— Application was allowed accordingly.

2012  CLD  50     KARACHI-HIGH-COURT-SINDH

ENGRO FERTILIZERS LIMITED

Versus

ISLAMIC REPUBLIC OF PAKISTAN AND FEDERATION OF PAKISTAN, ISLAMABAD

Art. 161—Federal excise duty and royalty on natural Gas —Entitlement—Net proceeds of excise duty on natural Gas levied at well head and royalty collected by Federation Government is to be paid to the Province in which the well head of natural Gas and Oil is situated—Such amount though collected by Federal Government does not form part of Federal Consolidated Fund.

2012 CLD 50     KARACHI-HIGH-COURT-SINDH

ENGRO FERTILIZERS LIMITED

Versus ISLAMIC REPUBLIC OF PAKISTAN AND FEDERATION OF PAKISTAN, ISLAMABAD

Arts. 158 & 172—Natural resources—Ownership—Mineral, Oil and natural Gas produced in any province, under the provisions of Arts.158 and 172 of the Constitution, vest in the province producing it and the Federal Government, jointly and equally.