Law:

Section:

(a) West Pakistan Waqf Properties Ordinance (XXI of 1959), S. 6-Leave to appeal. to Supreme Court-Granted to consider whether power purported to be exercised by Administrator of Auqaf for taking over administration of a certain shrine. by notification issu­ed under S. 6 was validly vested in Administrator. (b) West Pakistan Wakf Properties Ordinance (XXI of 1959), Ss. 6, 9, 10, 15 & 16 and West Pakistan Wakf Properties (Amend­ment) Ordinance (X of 1960) read with Constitution of Pakistan (1956), Arts. 102, 106, 110 & 218 and Fifth Schedule, Provincial List, Items 65 & 69 and Concurrent List, 1--art I, item 1-Provisions, of Ordinance XXI purporting to curtail constitutional jurisdictions of High Courts and Supreme Court or conflicting with any of provisions of Constitution itself-Bad and invalid-Controversies over division of legislative powers-Tests for resolution-"Religious endowments" and "wakfs" becoming Provincial subjects on coming into force of Constitution (1956)-Ordinances held, valid legislation for taking over management and control of certain kinds of wakfs relating to religious or charitable institutions but do not purport to interfere with private wakfs and trusts. It was contended that in so far as some of the provisions of the Ordinances were repugnant to the provisions of some existing Central Laws with respect to subjects in the Concurrent List of the Fifth Schedule to the Constitution of 1956, the Governor of the Province of West Pakistan had no power to legislate by Ordinance in the same occupied field except under the previous instructions of the President. Since neither Ordinance No. XXI of 19 i9 nor Ordinance No. X of 1960 had been made with such previous instructions, they were both incompetently made and, therefore, of no legal effect. Held, it is true that the preambles to the two Ordinances XXI of 1659 and X of 1950 do not mention that they are being promulgated after receiving the previous instructions of the President and section 6 of the Ordinance of 1959 is ex facie repugnant to the provisions of section 22 of the Religious Endow­ments Act, 1863. The provisions of sections 6., 9, 10, 15 and 16 of the Ordinance, 1959 no…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492