| Citation(s) |
|---|
| 1982 SLG 871 1982 SLD 871 1982 PLD 671 |
Lahore High Court
Intra-Court Appeal No. 128 in Writ Petition No. 1043 of1978, decided on 31st May, 1982. dates of hearing : 8th,9th, 13th to 16th, 27th to 30th March; 24th to 27th April;15th to 17th and 22nd to. 25th May, 1982
ABDUL SHAKOORUL SALAM AND MUHAMMAD ASLAM MIAN, JJ
lyqal Ahmed Qazi, Sh. Riaz Ahmad, A. G. for the Federal Government. Sh. Maqbool Ahmad II for Appellants. Khalid Kanwar and Mian FazaliHussain for
Respondents
Intra-Court Appeal No. 128 in Writ Petition No. 1043 of1978, decided on 31st May, 1982. dates of hearing : 8th,9th, 13th to 16th, 27th to 30th March; 24th to 27th April;15th to 17th and 22nd to. 25th May, 1982
ABDUL SHAKOORUL SALAM AND MUHAMMAD ASLAM MIAN, JJ
lyqal Ahmed Qazi, Sh. Riaz Ahmad, A. G. for the Federal Government. Sh. Maqbool Ahmad II for Appellants. Khalid Kanwar and Mian FazaliHussain for
Respondents
PAKISTAN SHIPPING CORPORATION AND another--AppellantsvsRUSTOM F. COWASJEE AND 5 others--Respondents
Law:
Section:
(a) Pakistan Maritime Shipping (Regulation and Control) Ordinance (III of 1914)- S. 5 (1) (a) read with Civil Procedure Code (V of 1908), Ss. 20 (c) & 21-Cause of action-Objection to jurisdiction-Appellants not questioning jurisdiction of High Court to entertain and determine writ petition-Held : Having lost game, neither premissible, nor befitting, appellants to raise such plea in appeal.-[Jurisdiction]. (b) Pakistan Maritime Shipping (Regulation and Control) Ordinance (III of 1974)- S. 5 (1) (a) read with Civil Procedure Code (V of 1908), S. 20 (c)Cause of action-Jurisdiction-Cause of action does not necessarily arise, nor confined to where its consequences ensue but also arises where initiated or commenced-Actions initiated to take over management and later on proprietary interests of respondents on authority and motion of Federal Government at seat of Federal Government cause of action, held, arose at seat of Federal Government and High Court having territorial jurisdiction over such place could entertain and decide writ petition-Constitution of Pakistan (1973), Art. 199.-[Cause of action-Jurisdiction]. The Superintendent, Land Customs, Torkham (Khyber Agency) v. Zewar Khan and 2 others P L D 1969 S C 485 ; Maulvi Tamiauddin Khan v. Federation of Pakistan and others P L D 1955 Sind 96 ; The Collector of Central Excise & Land Customs, West Zone, Chittagong v. Imdad All 1969 S C M R 708 ; Malik Ghulam lillani v. The Government of Pakistan through the Secretary, Ministry of Interior, Islamabad and 3 others P L D 1976 Lab. 38 ; Faiz Najmuddin Abdul Ali v. The Capital Development Authority, Rawalpindi and another P L D 1976 Kar. 10 '4 ; Muhammad Afial v. Board of Revenue, .West Pakistan and another P L D 1967 S C 314 ; Khair-ud-Din v. Abdul Hamid and others P L D 1966 Lab. 362 ; Ahmad and 32 others v. Additional Commissioner (Revenue), Lahore Division, Lahore and another P L D 1971 Lab. 979 and Wall Dad v. Deputy Commissioner, Karachi and 2 others P L D 1975 Kar. 202 ref. (c) Pakistan Maritime Shipping (Regulation and Control) Ordinance (III of 1974)- -- S. 5 (1) (a)-Interpretation of statutes-Appellants taking over interests of respondents "on payment of…
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