Law:

Section:

(a) Punjab University Act, 1954 (XII of 1955)---------S. 40-------"First Statutes"-Means Statutes with which University should start functioning, not statutes framed for the first time on a subject -Government not obliged to frame statutes on all subjects. Held, that after the Act had been enacted there had to be some statutes relating to the constitution, powers and duties of the Authorities, before those Authorities which were to frame the Statutes, Ordinances and Regulations began to function. It was essential therefore that power be given to some body other than the Authorities for the framing of such essential Statutes. That power had been given by section 40 to the Government. "First Statutes" did not mean every Statute made for the first time on a subject. There was nothing in section 40 which obliged Govern­ment to frame first Statutes on all subjects. Where a Statute made by the Chancellor's Committee under section 47, amending Regulation I, at page 328 of the Punjab University Calendar 1951-52, Part V, and thereby abolishing the bi-annual examination for the B.A. Degree, was impugned on the ground that the Statute was a "First Statute" and to be valid should have been made by the Govern­ment and not by the Chancellor's Committee, held, that the argument was untenable. (b) Punjab University Act, 1954 (XVI of 1955)---- -----S. 26 (ii) -Assent by Government enough-Constitution of Pakistan, A certain statute was approved by the Provincial Government in the following words :- "In exercise of the powers vested under section 26 (b) of the Punjab University Act, 1954, the Government of West Pakistan is pleased to accord approval to the accompanying amendment of Statutes relating to B.A. and B.Sc. Examination and cases of illness." Held, that as section 26 provided that the Government is to assent and the above document, which was signed by a Secretary, said the Government had assented therefore the genuineness of the document could not be questioned and it could be presumed by virtue of section 114 of the Evidence Act that the Government had in fact assented. Further, that there was no question of the relevance of Article 74 of the Constitution of Pakistan in…

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