Law: Civil Procedure Code (V of 1908)

Section: 156 , 115

  Civil Procedure Code (V of 1908)-- ----O, XLIII, R.3---Notice to respondents through counsel representing them, would fulfil the conditions laid down under provision of O.XLIII, R.3, C.P.C. and would be considered good service on them---Appellate Court had wrongly found that there was non-compliance of provision laid down under O.XLIII, R.3, Civil Procedure Code, 1908 and appeal was wrongly treated to be incompetent. Muhammad Matin v. Mrs. Dino Manekji Chinoy and others PLD 1983 Kar. 387; PLD 1983 SC 693; PLD 1965 SC 412 and PLD 1987 Kar. 255 ref. North-West Frontier Province Local Government Ordinance (IV of 1979)--- ----S. 156---Suspension of District Council's resolution by the Government--Essentials---Petitioner being the highest bidder at the auction, his bid for collection of export tax was accepted and subsequently approved by the concerned Local Authority---Government had been vested with power to suspend the execution of the resolution passed by a local body where same was "not in conformity with law"---Order of Government did not show that resolution of local body approving the bid of petitioner was "not in conformity with law"---Petitioner's bid for collection of tax having been approved; he took over the charge of collection of tax; invested sufficient amount; and by such actions vested right was created in him which could not be taken away by the Government or its delegate by referring to a letter in which certain instructions had been issued to the Local Council---Action of Government, suspending petitioner's vested right to collect tax was, thus, not warranted. North-West Frontier Province Local Government Ordinance (IV of 1979) - ----S. .156---Civil Procedure Code (V of 1908), S.115---Collection of export tax---Petitioner's bid, being the highest was accepted by Authority and approved by the   concerned local council---Government by suspending Local Council's resolution had deprived petitioner to collect export tax without declaring such resolution to be "not in conformity with law"---Government's action being mala fide and discriminatory was not warranted---Orders of Courts below…