Law: Karachi Municipal Act, 1933

Section:

(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 31st October 1957/order dated the 27th September 1957, in Writ Petitions Nos. 340 and 461 of 1957).   (a) Writ-------   ---Allegations of fact, requiring investigation, not raised in petition, should not be allowed to be raised in midst of arguments without giving chance to other side to refute Constitution of Pakistan (1956), Art. 170. (b) City of Karachi Municipal Act (XVII of 1933)------   ------S. 280 (I) Notice initiated by one Chief Commissioner-Orders of dissolution of Corporation made by successor after consultation with Central Government-No ground for avoiding order of dissolution-"Con sultation" with Central Government not "dictation" by such Government---Constitution of Pakistan (1956) Art. 211.   (c) City of Karachi Municipal Act (XVII of 1933)-----   ----S. 280 (1) Notification regarding dissolution not giving detailed reasons, but declaring that "Corporation has been persistently abusing its powers and making default in performance of duties"-Notification satisfies requirement of S. 280 (1) [per majority: S. A. Rahman and B. Z. Kaikaus, JJ. not expressing final opinion in the absence of full argument].   (d) Interpretation of Statutes-------   -----Directory or mandatory Provisions-Provision regarding Government's duty to publish Notification-Manner and details of publication-Directory.   (e) City of Karachi Municipal Act (XVII of 1933)----   ----S. 280 (1) Provision re-holding of general elections being notified, directory and not mandatory-Substantial compliance enough-Elections not mentioned in Notification but steps taken, within three weeks of Notification-Provision deemed to be complied with.   (f) City of Karachi Municipal Act (XVII of 1933)-----   ---S. 280 (1)-"Provincial Government"-Chief Commissioner, Karachi, "Provincial Government" within meaning of section. Date of hearing: 30th November 1960.       JUDGMENT   AMIRUDDIN AHMAD, J.-This is an appeal, by special leave of this Court, by the Chief…