| Citation(s) |
|---|
| 1967 SLG 5499 = 1967 SLD 5499 = 1967 PLD 300 |
Sindh High Court
Writ Petition No. 857 of 1963, decided on 4th May 1966.
Presented By:Qadeeruddin Ahmed and Noorul Arfin, JJ
Noor Muhammad for Appellants. Shah Jamil Alam and Naimuddin for
Respondents Nos.1 and 2.
Respondents Nos. 3 to 20 absent.
Writ Petition No. 857 of 1963, decided on 4th May 1966.
Presented By:Qadeeruddin Ahmed and Noorul Arfin, JJ
Noor Muhammad for Appellants. Shah Jamil Alam and Naimuddin for
Respondents Nos.1 and 2.
Respondents Nos. 3 to 20 absent.
HABIBULLAH KHAN AND OTHERS-Petitioners
VERSUS
PAKISTAN AND OTHERS-Respondents
Law: Constitution of Pakistan, 1962
Section: 98,250,98(3),98(b),177,178
Law: General Clauses Act (X of 1897)
Section: 6
(a) Constitution of Pakistan (1962)----- ----- Art. 98-Laches Petitioners praying for withdrawal of petition on ground that necessary parties not impleaded-Prayer allowed-Fresh petition -Objection that previous, petitions as filed originally suffered from laches-Held, delay had been impliedly condoned inasmuch as permission was accorded to file fresh petitions. (b) Constitution of Pakistan (1962)------ ---- Art. 98-Joint petition -Several persons having identical claim and seeking same relief-Joint petition entertained. Rain Boq Dyeing Factory, Salem and others v. Industrial Tribunal A I R 1959 Mad. 137 distinguished. (c) Constitution of Pakistan (1962)---- ----- Arts. 98 & 250 and Laws (Continuance in Force) Order (I of 1958), Art. 2(4) -Advantage of saving provisions of Art. 250, Constitution of Pakistan (19621-Can be availed of only if a right had accrued to person under repealed law-Right not available to person for invoking writ jurisdiction under' Laws (Continuance in Force) Order, 1958 at time of its repeal-Right to seek remedy under Laws (Continuance in Force) Order, 1958 cannot be claimed after its repeal. K. A. Jaisinghami v. Custodian of Evacuee Property P L D 1965 S C 453 ref. (d) Constitution of Pakistan (1962)---- ---- Art. 250 and General Clauses Act (X of 1897), S. 6-Provisions analogous. There is a close analogy between section 6 of the General Clauses Act, 1897 and Article 250 of the Constitution of Pakistan, 1962. In fact the reason for enacting the Article has been the view that the General Clauses Act, 1897 does not apply to constitutional matters. (e) Constitution of Pakistan (1962)---- --- Arts. 98(3) (b), 177 & 178-No violation of Arts. 177 & 178-Order under Art. 98, on petition made by person in service of Pakistan in respect of terms and conditions of service-Cannot be issued. Muhammad Amin Durrani v. Government of West Pakistan P L D 1966 S C 99 ref. Date of hearing : 4th May 1966. JUDGMENT QADEERUDDIN AHMED, J.-Four petitioners have filed this petition under clause 2(4) of the Laws (Continuance in Force)…