| Citation(s) |
|---|
| 1957 SLG 104 1957 SLD 104 1957 PLD 950 |
Lahore High Court
Writ Petition No. 593 of 1957, decided on 13th September 1957, under Article 170 of the Constitution of Pakistan. DATE of hearing : 13th September 1957
SHABIR AHMAD AND, J. ORTCHESON, JJ
Kh. Abdur Rahim and Ghulam Nabi for Petitioner. M. Anwar, A.A.G. for
Respondent No. 1. C. R. Aslam and Mahmud Ali for
Respondent No. 2
Writ Petition No. 593 of 1957, decided on 13th September 1957, under Article 170 of the Constitution of Pakistan. DATE of hearing : 13th September 1957
SHABIR AHMAD AND, J. ORTCHESON, JJ
Kh. Abdur Rahim and Ghulam Nabi for Petitioner. M. Anwar, A.A.G. for
Respondent No. 1. C. R. Aslam and Mahmud Ali for
Respondent No. 2
THE BRITISH COTTON GROWING ASSOCIATION (PUNJAB) LTD
VS
(1) THE BOARD OF REVENUE, WEST PAKISTAN, Lahore AND s (2) TALIB
Law: West Pakistan (Adaptation and Repeal of Laws) Act, (XVI of 1957)
Section: 3(3),7
Law: West Pakistan Board of Revenue Act, (XI of 1957)
Section: 6
Law: Punjab Tenancy Act, (XVI of 1887)
Section: 84,84(1)(5)
(a) West Pakistan (Adaptation and Repeal of Laws) Act (XVI of 1957)----- ----Ss. 3 (3) & 7-S. 7 'validates retrospectively all orders passed by Revenue Officers between the date of expiry of West Pakistan (Adaptation and Repeal of Laws) Ordinance (III of 1956) and the coming into force of the Act Order passed in revision by Board of Revenue, on 1st June 1957 -Valid-Punjab Tenancy Act (XVI of 1887) (as amended), S. 84. Section 7 of the West Pakistan Act XVI of 1957, validates all decrees, s and orders passed during the period between the expire o: the West Pakistan (Adaptation and Repeal of Laws) Ordinance. 1956, and the coming into force of the West Pakistan Act XVI of 1957 as if the Act were in force on the when the decree, order or was passed. By subsection (3) of section 3 of Act, XVI of 1957, section 84, Punjab Tenancy Act (XVI of 1887), was amended and the section in its amended form was to be deemed to be in force on 1st June 1957 , because of 'section 7 of Act XVI of 1957. An order passed on 1st June 1957, in revision under section 84, Punjab Tenancy Act (XVI of 1887) (as amended) by the Board of Revenue was therefore not invalid. Retrospective validation by legislati6n of orders, invalid at the time they were passed, was unobjectionable. (b) Punjab Tenancy Act (XVI of 1887) (as amended)----- ----S. 84 (1) (5)-Order passed in revision by one member of Board of Revenue deemed to be order of Board under West Pakistan Board of Revenue Act (XI of 1957), S. 6-Board competent to pass orders in revision against orders of Commissioners passed in revision-Order of ejectment passed by Revenue Officers on grounds on which such order could not have been passed-Open to revision-Board competent to order restoration of tenancy to ejected tenant. Held, that section 6 of the West Pakistan Board of Revenue Act (XI of 1957) provided that subject to the approval of the Government the Board may distribute its business amongst its members and that any order made or a decree passed by a member shall be deemed to be order or decree of the Board, One member of the Board of Revenue was therefore competent to dispose of a petition under section 84 of the Punjab Tenancy Act.…
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