Law: Evidence Act, (1 of 1872)

Section: 114

Law: Penal Code (XLV of 1860)

Section: 403

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 31(2), 41(4)

Law: General Clauses Act (X of 1897)

Section: 26

(a) Holders of Representative Offices (Trial of Offences) Ordinance (VIII of 1978) S. 5(2) [as substituted by Ordinance (CLIX of 1979)] read with Evidence Act (I of 1872); S. 114-Sanction for prosecution, validity of-Law does not provide any specific form for granting sanction for prosecution--Sanction presumed to have been given regularly unless on face of sanction order some visible defects pointed out-- Nothing on record to show that material facts not posted, before sanctioning authority prior to sanction-Sanction, held, not mechanical, in circumstances. Cokulchand Dwarkadas Morarka v. The King P L D 1948 P C 11; Tufail Muhammad v. The Crown P L D 1954 Lah. 37; Abdul Rashid v. State P L D 1960 Kar. 251; Mahmood Khan v. State P L D 1977 Lah. 1195 Muhammad Bashir v. Crown P L D 1955 Lah. 661; In re: T. S. Swaminathan and another A I R 1945 Mad. 284 ; Jokhu Mal and others v. Gopi Mal A I R 1962 All. 251 : Thakur Raghubar Singh and others v. Emperor A I R 1944 F C 25 and Emperor v. J. C. D' Souza A I R 1947 Bom. (b) Public Offices (Misconduct) Ordinance (I of 1965) Ss. 1 (d) and 6 (5) read with Penal Code (XLV of 1860), S. 403 ---"Misconduct" connotation of-Mere retention of vehicle without any entitlement, held, misappropriation and amounts to misconduct, as defined in cl. (d) of S. I. of 1965 Ordinance-Mere indulgence of Government to make loss good of vehicle held further, would not exonerate accused from criminal liability. (c) Public Offices (Misconduct) Ordinance (I of 1965) S. 6(5)---"Misconduct", connotation of-Accused by virtue of his office as Adviser of Council not clothed with powers to undertake tour in Pakistan for meeting party workers and attending meetings of executive on Government expense-Receipt of amount, held, clearly amounted to 'misconduct' as defined in Ordinance of 1965. (d) Azad Jammu & Kashmir Interim Constitution Act (VIII of 1974) Ss. 31 (2) and 41(4)-Legislation, vires of-For a valid Ordi nance on any of subjects of Council, if to be made by President-- Advice of Chairman of Council, held, a condition precedent and in absence of such advice Ordinance shall render ultra vires of powers of…