Law: Constitution of Pakistan 1973

Section: 199

Law: Trade Organizations Ordinance (XLV of 1961)

Section: 15, 9(2)

(a) Constitution of Pakistan (1973) Art. 199-Maxim: Audi alteram partem- General ditty to act judicially cast on competent authority-Only clear language will be interpreted as conferring a power to exclude operation of rule of audi alteram partem-Public functionary though not required to act judicially but only to hold only such inquiry as he considered appropriate, yet such functionary having been acting in a quasi-judicial capacity, opportunity of hearing to effected person mandatory m circumstances Maxim. University of Dacca v. Zakir Ahmed P L D 1965 S C 90 ; Abdus Saboor Khan v. Karachi University P L D 19(6 S C 536 ; Murlidhar v. University of Karachi P L D 1966 S C 841 ; K. A. Jaisinghari v. Custodian of Evacuee Property P L D 1965 S C 453 and Sind Employees' Social Security Institution v. Adamjee Cotton Mills Limited PLD1975SC32 ref. (b) Trade Organizations Ordinance (XLV of 1961) S. 15-Appeal -Contention that petitioner having had a right of appeal to Federal Government where proper opportunity of hearing could be granted to him, no necessity existed to give him opportunity of hearing before passing impugned order-Provision as to appeal under S. 15 of Ordinance, held, does not validate proceedings or do away with right of opportunity of hearing before an important order affecting representative character of persons of a National…