High court passes judgment on appeal case against MIRA

High court has passed judgment in the appeal case lodged against MIRA by Adam Naseer (Dhaftharu Number 5103). Adam Naseer was appealing against the verdict by civil court on 16 June 2014. The case was filed against Adam Naseer for failure to pay the rent of N. Kalaidhoo as per the agreement between Adam Naseer and Ministry of Fisheries and Agriculture, and for failure to pay the fine imposed for non-payment of the rent. In the judgment passed 23 February 2015, the high court supported the verdict passed by the civil court.

In civil courts judgment last year, the court had ordered Adam Naseer to pay a total of Rufiyaa 8,143,257/28 as lease rent of N. Kalaidhoo, and fine imposed for defaulting on lease payment, within 6 months of 16 June 2014.

Adam Naseer appealed this judgment at the high court stating that MIRA only has the authority to enforce tax related payments. He further stated that the judge who presided over the civil court case had defined clauses 44 and 45, of the agreement between him and Ministry of Fisheries and Agriculture, incorrectly.

However, the High Court noted that the precedent has been set that the MIRA can file cases regarding non-tax revenue by three preceding cases, and unless and until Supreme Court overturns any of these judgments, this precedent still stands. High Court further noted that it cannot be inferred that the judge presiding over the civil court case had defined clauses 44 and 45 of the agreement in any particular way.

As such, the high court supported the verdict passed by Civil Court and stated that the appeal points raised by Adam Naseer were not based on any legal standing.

 

24 Feb 15