Law: Constitution of Pakistan 1973

Section:

  Constitution or Pakistan (1973)-- ---Art. 199---Contractual obligations cannot be enforced through Constitutional jurisdiction. Indian Independence Act, 1947-- ---Accession of a State---Instrument of accession shall be considered as covenant between two independent States---Consequences flowing from such Instrument shall render it obligatory on the part of both the parties, the State and the Dominion, to implement the commitments made therein---Such obligations may not be the subject-matter of a dispute in the Municipal Courts of Dominion yet such obligations once having been merged into the jurisprudential fabric of the polity of the Dominion and the former Rules and having attained status of ordinary citizens, the obligations could be enforced through a Court of law. Distribution of Property (Chitral) Regualtion (II of 1974)-- ---Reglns. 4, 5 & 6---Dir, Chitral and Swat (Administration) Regulation (I of 1969), Reglns.3, 4, 5, 6 & 7---Rulers of Acceding States (Abolition of Privy Purses and Privileges) Order (15 of 1972), Art.5---Forest of Chitral, having been included in the list of State property wherein 100 trees were not mentioned in the Schedule of the Notification pertaining to the private property of the Ex-Mehtar of Chitral, 100 trees therefore could not be termed as part of the privy purse of the Ruler. K.M.A. Samdani for Petitioner. Mian   Muhammad    Ajmal   Add1.A.-G.    for Respondents. Date of hearing: 3rd October, 1989.   JUDGMENT QAZI          MUHAMMAD           JAMIL, J.--Mohammad Saiful-Malk of Chitral has moved this Court for a declaration that the assessment of the price of hundred trees which he claims to be his private property out of the forest of Chitral by the respondents was made without lawful authority and of no legal effect. He has also prayed that the respondents be directed not to interfer with the said "hundred trees every year cumulatively or if, for reasons of larger national interest, it is not considered desirable to cut trees, the respondents be…