Case Details

Citation(s)
2001 SLG 2622 2001 SLD 2622 2001 CLC 1825
Sindh High Court
Constitutional Petition No.D-845 of 1998, decision dated: 22-02-2001
SAIYED SAEED ASHHAD, C.J. AND WAHID BUX BROHI, J
Noor-ud-Din Sarki for Petitioner. M. Sarwar Khan, Addl. A.G., Sindh for the Official
Respondents. Usman Ghani Rashid for the Private
Respondents

Miss REETA

VS

GOVERNMENT OF SINDH and others

Law:

Section:

(a) Sindh Permanent Residence Certificate Rules, 1971-------R. 8, proviso---Declaring order passed by Permanent Residence Certificate Appellate Committee as illegal and void---Scope---Validity---In the absence of any defect in the constitution of the Permanent Residence Certificate Appellate Committee or in the absence of any one of the members of the Appellate Committee other than the Chairman, such defect or shortcoming would not be a ground for rendering unanimous decision of the remaining members as illegal or void. (b) Fraud--- ---Allegations of fraud and forgery---Where such allegations are made and proved against a party in obtaining a document or a or an order from a Court or Tribunal then the entire proceedings together with the /decree or the order of the Court or the Tribunal are to be treated as void and nullity in the eye of law as fraud vitiates most solemn of the transactions. Abdur Rehman Khan v. Muhammad Altaf and 3 others 1997 CLC 1260 ref. (c) Limitation--- ---- Principle of limitation, applicability of---Order based on fraud and forgery---Such order is to be treated as a void order and nullity in the eye of law---Law of limitation does not apply for challenging an order, which is nullity in the eye of law. Mst. Rehmat Bibi and others v. Punnu Khan and others 1986 SCMR 962 and Malik Khawaja Muhammad and 24 others v. Marduman Babar Kahol and 29 others 1987 SCMR 1543 ref. (d) Limitation Act (IX of 1908)--- ----S. 3---Decree passed in violation of mandatory provisions ---Limitation--­Decree in a suit passed in utter contravention of mandatory provisions of law was to be treated as a nullity, and against such decree no limitation would run. 1987 SCMR 1543 quoted. (e) Sindh Permanent Residence Certificate Rules, 1971--- ----R. 8---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Educational institution---Cancellation of admission to medical college---Permanent Residence Certificate was obtained by the candidate on the basis of forged and fabricated documents---After the admission in medical college the Authorities cancelled the certificate of the candidate and her seat in medical college---Contention of the candidate was that…
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