Law: Constitution of Pakistan

Section: 18

(a) Cement Stockists (Cancellation of Agreements and Contracts) Order (P. 0, 18 of 1978) State entering into commercial and industrial dealingsHeld, clothed with power to pass order.. to run day to day administration. Momin Motor Co. v. Regional Transport Authority P L D 1962 S C 108 and Shamshad All Khan v. Commissioner 1969 S C M R 122 rel. (b) Cement Stockists (Cancellation of Agreements sad Contracts) Order (P. O. 18 of 1978) Read with Constitution of Pakistan (1973), Art. 4Contention: President's Order No. 18 of 1978 not covered by law of necessity, hence invalidAll taken over industries having been placed under control and supervision of Government legislation in nature of P. O. No. 18 of 1978 falls within its day to day functioning and not a departure' from some constituent rightActions having been taken under law, Art. 4 of Constitution. held, stands complied with Authority of legislation, to deprive person to claim compensation or resort to remedy under law, held further, cannot be doubted. Begum Nurrat Bhutto v. Chief of Army Staff P L D 1977 S C 657 ref. Cement Stockists (Cancellation of Agreements sad Contracts) Order (P. 0.18 of 1978) Art. 2(2)CompensationLaw presumes remedy and Courts would supply same i right created by statuteSuch presumption however, holds good 'when presumed or existing remedy not expressly taken away by statute. Sakhi Daler Khan v. Superintendent Incharge P L D 1957 Lab. 813 and Jia Ram v. Kunduna Want! P L D 1978 Quetta 91 ref. (d) Constitution of Pakistan (1973)  Art. 18Discrimination in businessCreation of two classes of agents, defence personnel and othersRespondent, creating a class and proceeding to cancel their agreement by excluding another class of defence personnel and making no other exceptionCreation of two classes, held, reasonableHeld further, commercial arrangement alone upset and no statutory right violated. Dates of hearing : 25U4 26th and 27th November 1979.                                                                    …