| Citation(s) |
|---|
| 1958 SLG 4046 = 1958 SLD 4046 = 1958 PLD 34 |
West Pakistan Quetta
Second Appeal No. 43 of 1957, decided on 12th September, 1958, from the order dated 28th October 1957, of the Majlis-i -Shura, Kalat.
Presented By:
Muhammad Ashraf for Appellants. Muhammad Fazil for
Respondent. Yahya Bakhtiyar as amicus curie. Karam Elahi Khan for the State. Date of hearing : 25th August and 4th September 1958.
Second Appeal No. 43 of 1957, decided on 12th September, 1958, from the order dated 28th October 1957, of the Majlis-i -Shura, Kalat.
Presented By:
Muhammad Ashraf for Appellants. Muhammad Fazil for
Respondent. Yahya Bakhtiyar as amicus curie. Karam Elahi Khan for the State. Date of hearing : 25th August and 4th September 1958.
HAMID and another-Appellants
VERSUS
GUL MUHAMMAD Respondent
Law: Baluchistan States Union (Interim Constitution) Act, 1952
Section: 53,59
Law: Government of India Act, 1935
Section: 5(1)(bb),95-A
Baluchistan States Union (Interim Constitution) Act, 1952, S. 59-Notification No. 26, dated 9-3-1955 issued by the Secretary to Council of Rulers, Baluchistan States Union is Ordinance though word "ordinance" is not used therein. Baluchistan States Union (Interim Constitution) Act, 1952, Ss. 53. & 59-Difference. A perusal of section 53 with section 59 of the Interim Constitution would show that there is a great difference between the two. Section 59 was applicable only so long as the Legislative Assembly had not come into being while section 53 came into operation only after the Legislature of the Union had come into being. Moreover, the action taken by the Council of Rulers for the peace and…