Law:

Section:

Punjab Arms Rules, 2017-- ----Rr. 35 45--Constitution of Pakistan, 1973, Art. 199--Transfer of business arms license--Eligibility criteria--It has been provided under Rule 45 that transfer of business arms license in cases other than death is possible only if a transferee has a legal heir and that too after fulfilling requirements and eligibility criteria prescribed in Rule 35 of 2017 Rules. Constitution of Pakistan, 1973-- ----Art. 199--Parternship agreement regarding transfer of business in name of sports arms--Execution of power of attorney for selling of arms etc.--Address of business--Application for transfer of buisness arms license--Issuance of NOC--promulgations of new arms rules--Writ petition--Disposed of--Rejectioon of application--Prospective legal heirs--Challenge to--In case of death or incapacitation of licensee or “on account of other compelling circumstances”, transfer of license was possible through a No Objection Certificate by prospective legal heirs--Prospective legal heirs are nothing but a heir in waiting who may enjoy some rights with contingency of death of predecessor and until that fact is materialized--Actual licensee has consented to transfer of license in name of Petitioner No. 1--There is nothing on record to have adverse conclusion that Petitioner No. 2 has consented transfer--When Petitioner No. 1 has applied for transfer of arms license in his favour, Punjab Arms Rules, 2014 were in existence and Rules of 2017 were promulgated during its pendency--reports/NOC has already been issued on request of Petitioner No. 1--Petition allowed. Punjab Arm Rules, 2017-- ----S. 45(4)--Responsibility of original license--Original licensee shall remain responsible for compliance of provisions of Ordinance and Rules, terms of license and instructions issued by Government from time to time and shall also be held responsible for any violation thereof. ORDER Through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 petitioner has challenged the order dated 12.12.2018 passed by Respondent No. 2/ Additional Chief Secretary (Home) with the further prayer to allow the application of the petitioner…

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