| Citation(s) |
|---|
| 1981 SLG 1433 1981 SLD 1433 1981 PLD 1 |
Lahore High Court
Writ Petition No. 1043 of 1978, decided on 5th June, 1938.dates of hearing : 4th and 5th June, 1978
MUSHTAQ H USSAIN, C, J
Fazale Hussain and Khalid Anwar for Petitioners. Shah Jamil A lam for
Respondent No. 1. Sh. Maqbood Ahmad II for
Respondent No. 2. Zia Mahmood Mirzcr, Standing Counsel for the Central Government
Writ Petition No. 1043 of 1978, decided on 5th June, 1938.dates of hearing : 4th and 5th June, 1978
MUSHTAQ H USSAIN, C, J
Fazale Hussain and Khalid Anwar for Petitioners. Shah Jamil A lam for
Respondent No. 1. Sh. Maqbood Ahmad II for
Respondent No. 2. Zia Mahmood Mirzcr, Standing Counsel for the Central Government
RUSTOM F. COWASJEE AND 5 othersvsGOVERNMENT OF PAKISTAN THROUGH SECRETARY, MINISTRY OF COMMUNICATIONS AND ANOTHER --Respondents
Law:
Section:
(a) Pakistan Maritime Shipping (Regulation and Control) Act (XVIII of 1974)- S. 5-Notification, validity of-Taking over by Government management/assets of East and West Steamship Company (1961)-Notification of take over omitting to mention figures `1961' as part of name of establishment-Case, held, one of misdescription and does not affect validity of notification issued by Government., Piao Gul v. The State P L D 1960 S C 307 rel. (b) Pakistan Maritime Shipping (Regulation and Control) Act (XVIII of 1974)- -- S. 19 and Partnership Act (IX of 1932), Ss. 13(d), & 48(b)-Advances made by partners beyond amount of capital-Partners entitled to interest thereon at rate prescribed by law and entitled to be reimbursed in that regard from assets of firm-Petitioners being creditors in respect of advances made by them, held, entitled to be reimbursed in respect of them with usual interest. LINK1 LINK2 (c) Pakistan Maritime Shipping (Regulation and Control) Act (XVIII of 1974)-- -- S. 14-Acquiring interests by Government within a period of 90 days on payment of compensation-Submission that mention of period of 90 days only a directory provision and not mandatory Held, holds no water-Use of word "shall" cannot be construed directory and even word "may" when used in connection with individual's rights, law of interpretation provides same to be construed as mandatory and not directory-Valuable rights of citizens being involved, word "shall" could only have a mandatory effect and cannot be given a directory connotation.-[Interpretation of statutes]. Julius v. Bishop of Oxford (1880) 5 A C 214 rel. (d) Pakistan Maritime Shipping (Regulation fwd Control) Act (XVIII of 1974)-- -- S. 14-Acquisition-Effect of non-payment of compensation in time--Acquisition made within specified period-Compensation not made in time in face of dispute regarding determination of amount of compensation-Acquisition, held, cannot be avoided because of non-payment.-[Compensation]. (e) Ptkistan Maritime Shipping (Regulation and Control) Act (XVIII of 1974)- S. 5 and Partnership Act (XVIII of 1974), S. 5 and Partnership Act (IX of 1930), S. 4-Acquisition-Mere managing of establishment by Government -…
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